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Malicious Prosecution

New York City malicious prosecution lawyer Michael Jospeh currently has one of the highest reported jury verdicts in New York state for a malicious prosecution case. Our New York civil rights lawyers have won these cases both at trial and on appeal. We have significantly advanced the law of malicious prosecution and proven malicious prosecution where detectives in New York City used confidential informants who they knew were lying to fabricate a case. Our New York City and Westchester malicious prosecution lawyers know how damaging a false accusation of criminal activity can be. It hangs over a person for the rest of their lives even if they are ultimately found not guilty. Baseless prosecutions can ruin lives, destroy careers and cost innocent people thousands of dollars, just to prove their innocence. Malicious prosecution can also cause immense emotional or mental suffering such as anxiety, depression and post traumatic stress disorder.

To establish a malicious prosecution claim under New York law, a plaintiff must prove (1) the initiation or continuation of a criminal proceeding against plaintiff (2) termination of the proceeding in plaintiff’s favor (3) lack of probable cause for commencing the proceeding; and (4) actual malice as a motivation for defendant’s actions. Probable cause to arrest exists when a police officer has knowledge of, or reasonably trustworthy information of facts and circumstances that are sufficient to warrant a person of reasonable caution in the belief that an offense has been or is being committed by the person to be arrested. Generally, a lack of probable cause can be proven where police officers fabricate evidence, fail to make a full and accurate statement of facts to a prosecutor, misrepresents evidence or that probable cause was only secured through bad faith or perjury.

If you were the victim of a malicious prosecution in New York City including Manhattan, Bronx, Brooklyn, Staten Island or Queens, our New York civil rights lawyers can meet with you in our New York City Office. If you were maliciously prosecuted in Yonkers, White Plains, Mamaroneck, Scarsdale, Hartsdale, Bronxville, Rye, Port Chester, Mount Kisco or in Westchester County, our Westchester civil rights attorneys can meet with you in our White Plains office.

 
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