Malicious prosecution can cause significant harm to a defendant. It occurs when a civil or criminal case is filed without probable cause or grounds. Numerous parties could be guilty of malicious prosecution, including prosecutors, police officers, and other parties involved in pursuing the criminal case.
Federal law establishes grounds for a civil action for deprivation of rights. If your rights are violated because of abuse of power, unlawful arrest, or other forms of malicious prosecution, you can file a claim in civil court seeking damages. However, you have the burden of proving the legal elements of a malicious prosecution claim to recover compensation for your damages.
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What Are the Legal Elements of a Malicious Prosecution Case in Kentucky?
The burden of proof in civil court is not as high as in criminal court. You must prove the elements of a malicious prosecution claim by a preponderance of the evidence. Therefore, you must establish there is more than a 50% chance that the following elements are true:
- The defendant (i.e., the party you are suing) started and/or continued a criminal case against you;
- The defendant did not have legal justification or probable cause for the criminal charges;
- The criminal charges were dismissed, or you won the criminal case;
- The defendant began or continued the criminal case against you because of malice; and,
- The malicious prosecution resulted in damages and harm to you.
Proving the defendant acted with malice can be one of the most challenging aspects of a malicious prosecution case. Courts have continued to define what qualifies as malice. An experienced criminal attorney knows and understands the current case law for proving malice for malicious prosecution.
Examples of Malicious Prosecution in Lexington, KY
Malicious prosecution occurs for many reasons. It can be difficult to understand why police officers and prosecutors would pursue misdemeanor or felony criminal charges without cause. Examples of malicious prosecution include, but are not limited to:
- Pursuing criminal charges to harm an individual’s personal and/or professional reputation
- Harassing someone by filing criminal charges to punish or harm them for a perceived wrong
- Filing or pursuing a criminal case against a political opponent
- Arresting someone because of a grudge
- Charging someone with a crime to protect the person who committed the crime
- Pursuing a criminal case to hide police misconduct, including false imprisonment, illegal searches, excessive force, etc.
- Filing criminal charges against someone based on discrimination, including age, race, color, gender, or religion
Law enforcement officers and prosecutors are protected from lawsuits by qualified immunity. Qualified immunity protects government officials from being harassed or being personally liable for doing their job. However, qualified immunity does not protect them when they exercise power irresponsibly or violate a person’s statutory or constitutional rights.
Do I Have a Malicious Prosecution Case if the Prosecutor Dismissed the Criminal Charges Against Me?
Whether you have grounds for malicious prosecution in this situation depends on the circumstances of your case.
For example, you might have a malicious prosecution claim if a prosecutor realizes they do not have legal grounds for a criminal case but does not promptly dismiss the criminal charges. Instead, the prosecutor continues to pursue the criminal charges to negotiate a plea deal. In this situation, a jury may find the prosecutor maliciously continued the criminal case to convince you to enter a plea agreement so they would not have to dismiss the charges.
However, suppose the prosecutor started a case honestly believing they had legal grounds for the criminal charges. After further investigation, the prosecutor realizes they do not have legal grounds for the criminal charges. If the prosecutor promptly dismisses the charges, they may not be guilty of malicious prosecution.
Is There a Statute of Limitations for Malicious Prosecution Claims in Kentucky?
The deadline for filing a malicious prosecution claim is one year. The time begins with the incident that gives rise to the action. You lose your right to pursue a legal claim if you do not file a lawsuit before the deadline.
Some exceptions and factors could change the deadline for filing a malicious prosecution lawsuit. Therefore, it is best to seek legal advice as soon as possible. Talk with a lawyer today about a malicious prosecution claim if you believe your rights were violated.
Learn More During a Free Consultation With a Lexington Criminal Defense Lawyer
Contact Suhre & Associates DUI and Criminal Defense Lawyers today at 859-569-4014 for help with a Kentucky malicious prosecution claim or other criminal case. Schedule a free consultation with our Lexington criminal defense attorneys to discuss your legal options.
