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Malicious Prosecution Lawyer

At Sivin, Miller & Roche LLP, we understand the profound impact that false arrest and subsequent malicious prosecution can have on your life. Being wrongfully detained without probable cause and then unjustly prosecuted is not only an egregious violation of your civil rights but also deeply damaging to your reputation, mental well-being, and overall life. Our experienced team of false arrest and malicious prosecution lawyers in NYC is dedicated to defending your rights and seeking justice for those wronged by the legal system. Contact us today for immediate assistance.

What is False Arrest?

Malicious Prosecution Lawyer

False arrest occurs when an individual is wrongfully detained by law enforcement without probable cause or legal justification. This can happen due to misunderstandings, overzealous policing, or discriminatory practices. False arrest infringes on your civil rights and can lead to severe emotional, financial, and reputational harm.

What is Malicious Prosecution?

Malicious prosecution occurs when, following a false arrest, legal proceedings are initiated against an individual without probable cause and with malicious intent. This involves continuing the prosecution without proper justification, causing the victim to endure further stress and harm.

How a False Arrest and Malicious Prosecution Lawyer Can Help

At Sivin, Miller & Roche LLP, we understand that being wrongfully arrested and subsequently prosecuted can be a traumatic and life-altering experience. Our dedicated team of false arrest and malicious prosecution lawyers in NYC is here to guide you through this challenging time and protect your rights. Here’s how we can help:

Comprehensive Case Evaluation

A thorough evaluation is the first step in any false arrest and malicious prosecution case. Our malicious prosecution attorneys will review all the details of your malicious prosecution lawsuit, including the circumstances of your arrest, the evidence used, and the motivations behind the prosecution. We will identify any instances of malicious intent and lack of probable cause, which are crucial elements in proving your civil claim.

Gathering Evidence

To build a strong malicious prosecution lawsuit case, we will gather all necessary evidence to support your claim. This includes:

  • Witness Statements: Collecting testimonies from individuals who can attest to your innocence and the wrongful nature of the arrest and prosecution.
  • Documentation: Reviewing police reports, court records, and any other relevant documents that can demonstrate the lack of probable cause and the presence of malice.
  • Expert Analysis: Engaging experts to provide analysis and testimony that can strengthen your malicious prosecution lawsuit case.

Legal Representation

Our malicious prosecution lawyers are seasoned litigators with extensive experience in handling false arrest and malicious prosecution cases. We will represent you aggressively in court, presenting a compelling argument highlighting the unjust nature of your arrest and your prosecution. We aim to secure a favorable outcome, whether through negotiation or trial.

Seeking Compensation

If you have been a victim of false arrest followed by malicious prosecution, you are entitled to seek compensation for your damages. This can include:

  • Legal Expenses: Reimbursement for the costs of defending yourself against the wrongful charges.
  • Lost Wages: Compensation for any income lost due to the prosecution and its impact on your employment.
  • Emotional Distress: Damages for the mental and emotional anguish caused by the wrongful arrest and prosecution.
  • Reputational Damage: Compensation for the harm done to your reputation and personal relationships.

Providing Ongoing Support

We believe in providing comprehensive support to our clients throughout the legal process. We understand the stress and uncertainty of being wrongfully arrested and prosecuted, and we are here to offer guidance, reassurance, and legal advice at every step.

Personalized Legal Strategies

Every false arrest and malicious prosecution case is unique, and we tailor our approach to meet the specific needs of each client. Our malicious prosecution attorneys will work closely with you to develop a personalized legal strategy that addresses your concerns and aims to achieve the best possible outcome.

Restoring Your Reputation

Beyond seeking compensation, we are committed to helping you restore your reputation and rebuild your life. A successful, false arrest and malicious prosecution claim can clear your name and help you move forward with confidence and dignity.

The Consequences of False Arrest and Malicious Prosecution

False arrest and malicious prosecution can have a profound and lasting impact on your life. These injustices can cause a cascade of adverse effects, disrupting your emotional, financial, and social well-being. Here are some of the most significant consequences you may face:

Emotional and Psychological Trauma

  • Stress and Anxiety: Being wrongfully detained and prosecuted can lead to intense stress and anxiety. The fear of facing criminal charges and potential penalties can be overwhelming.
  • Depression: The emotional toll of false arrest and malicious prosecution can lead to feelings of hopelessness and depression. The stigma and uncertainty can make maintaining a positive outlook on life difficult.
  • Post-Traumatic Stress Disorder (PTSD): Some individuals may develop PTSD as a result of their traumatic experiences with the legal system. Symptoms can include flashbacks, nightmares, and severe anxiety.

Financial Strain

  • Legal Fees: Defending yourself against wrongful charges can be costly. Legal fees can quickly add up, putting a significant financial burden on you and your family.
  • Lost Wages: Time spent dealing with legal matters can result in lost income, especially if you cannot work while addressing your case. This can lead to financial instability and difficulty meeting everyday expenses.
  • Additional Costs: You may incur other costs related to your defense, such as travel expenses, court fees, and costs associated with gathering evidence and expert testimony.

Reputational Damage

  • Professional Impact: Even if you are ultimately acquitted, the mere fact of being arrested and prosecuted can harm your professional reputation. Employers, colleagues, and clients may question your integrity and reliability, potentially leading to job loss or difficulty finding new employment.
  • Social Stigma: False arrest and malicious prosecution can lead to social ostracism. Friends, family members, and community members may distance themselves from you, leading to feelings of isolation and loneliness.
  • Damage to Personal Relationships: The stress and strain of dealing with false arrest and malicious prosecution can take a toll on your personal relationships. Loved ones may struggle to understand or cope, leading to tension and conflict.

Impact on Future Opportunities

  • Background Checks: Having a record of arrest and prosecution, even if unfounded, can negatively affect future opportunities. Background checks conducted by potential employers, landlords, or financial institutions may reveal these incidents, leading to lost opportunities and discrimination.
  • Travel Restrictions: Certain travel restrictions may be imposed during legal proceedings, and the existence of an arrest record can affect future travel plans, making it difficult to move freely.

Health Complications

  • Physical Health Issues: The stress and anxiety associated with false arrest and malicious prosecution can lead to physical health problems, such as high blood pressure, heart disease, and other stress-related conditions.
  • Mental Health Concerns: The emotional trauma can exacerbate existing mental health issues or lead to new ones, requiring ongoing therapy and treatment.

Long-Term Legal Challenges

  • Continued Legal Battles: Even after being acquitted, you may face ongoing legal challenges, such as expunging your record or addressing civil claims related to the wrongful prosecution.
  • Difficulty in Securing Compensation: Pursuing justice and compensation for the harm you’ve suffered can be a lengthy and complex, requiring additional legal support and perseverance.

What To Do If You Have Been Falsely Arrested

Being falsely arrested is a traumatic and unjust experience that can have far-reaching consequences on your life. If you find yourself in this situation, it is crucial to act swiftly and decisively. Here’s what you need to do immediately:

Contact a Lawyer Immediately

The most important step after a false arrest is to contact a lawyer without delay. At Sivin, Miller & Roche LLP, our experienced false arrest lawyers in NYC are ready to defend your rights and guide you through this challenging time. Here’s why immediate legal representation is vital:

  • Protect Your Rights: Law enforcement may try to intimidate or coerce you into making statements that could be used against you. An experienced civil rights lawyer will ensure that your rights are protected from the moment you are detained.
  • Gather Evidence Quickly: Time is of the essence. The sooner you have legal representation, the sooner crucial evidence can be gathered and preserved. Witness statements, video footage, and other evidence must be collected promptly to support your case.
  • Navigate the Legal System: Following a false arrest, the legal process can be complex and overwhelming. A skilled attorney will help you navigate this system, ensuring you understand your rights and options.
  • Challenge the Arrest: Your false arrest lawyer will immediately begin challenging the legality of your arrest. They will work to dismiss any unfounded charges and secure your release if you are still in custody.
  • Prepare for Defense: Even if you are released, the prosecution may still pursue charges against you. Having a lawyer from the outset ensures that you are prepared to mount a strong defense and protect your future.

Avoid Self-Incrimination

After a false arrest, anything you say can be used against you. It is imperative to:

  • Remain Silent: Do not discuss your case with anyone other than your lawyer. Politely decline to answer any questions from law enforcement until your attorney is present.
  • Document Everything: Write down every arrest detail as soon as possible. Include the officers’ names and badge numbers, the time and location of the arrest, and any other pertinent details.

Seek Medical Attention

If you were injured during the arrest, seek medical attention immediately. Documenting your injuries is crucial for both your health and your legal case. Ensure copies of all medical records and photographs of your injuries.

Preserve Evidence

Collect and preserve any evidence that could support your claim of false arrest. This includes:

  • Photographs and Videos: Take pictures or videos of the scene where the arrest occurred and any injuries you sustained.
  • Witness Information: Obtain contact information for any witnesses who saw the arrest or can testify to your innocence.
  • Personal Records: Keep records of any communications, such as texts or emails, that relate to the incident.

Understand the Impact

A false arrest can lead to significant emotional, financial, and reputational damage. You may face:

  • Emotional Distress: The anxiety and trauma of being wrongfully detained.
  • Financial Burden: Legal fees, lost wages, and other financial costs.
  • Reputational Harm: Damage to your personal and professional reputation.

Compensation You May Be Able to Pursue with a Malicious Prosecution Claim

If you have been the victim of malicious prosecution following a false arrest, you are entitled to seek compensation for your damages. At Sivin, Miller & Roche LLP, we are committed to helping you understand your rights and pursue the justice you deserve. Here are the types of financial compensation you can claim:

Legal Expenses

The costs associated with defending yourself against wrongful charges can be substantial. You may be entitled to reimbursement for:

  • Attorney Fees: The cost of hiring a defense attorney to represent you.
  • Court Costs: Fees for filing documents and other court-related expenses.
  • Expert Witnesses: Costs for expert testimony that may have been necessary for your defense.

Lost Wages

False arrest and malicious prosecution can disrupt your employment and result in significant financial losses. You can seek compensation for:

  • Lost Income: Wages lost due to time spent in custody, attending court, or dealing with the legal process.
  • Future Earnings: Compensation for any long-term impact on your ability to earn, such as job loss or reduced employability.

Emotional Distress

The psychological impact of being wrongfully accused and prosecuted can be severe. Compensation for emotional distress may include:

  • Pain and Suffering: Damages for the mental anguish and emotional suffering caused by the malicious prosecution.
  • Mental Health Treatment: Costs for therapy or counseling required to address the trauma.

Reputational Damage

A wrongful arrest and prosecution can harm your personal and professional reputation. You may be entitled to compensation for:

  • Loss of Reputation: Damages for the negative impact on your standing in the community and professional circles.
  • Defamation: If the malicious prosecution involved false statements that were made public, you might have a claim for defamation.

Punitive Damages

In some cases, the actions of those responsible for your malicious prosecution may be deemed particularly egregious. Punitive damages are intended to punish the wrongdoer and deter similar conduct in the future. These damages can be awarded in addition to compensatory damages.

Other Financial Losses

You may also be entitled to compensation for other financial losses incurred as a result of the malicious prosecution, such as:

  • Bail Costs: Reimbursement for bail money paid to secure your release.
  • Travel Expenses: Costs for travel required to attend court hearings or meet with your malicious prosecution attorney.

Contact Us for a Free Consultation

At Sivin, Miller & Roche LLP, our experienced malicious prosecution lawyers are dedicated to helping you secure the compensation you deserve. If you believe you have been a victim of malicious prosecution, don’t wait to take action. Contact us today to schedule a free consultation and discuss your case. Let us help you reclaim your life and restore your peace of mind.

Malicious Prosecution Lawyer FAQs

How do I know if I have a case for malicious prosecution?

To establish a claim for malicious prosecution, you must prove the following:

  • Initiation or Continuation of Proceedings: Criminal prosecution proceedings were initiated or continued against you.
  • Favorable Termination: The proceedings were terminated in your favor, such as a dismissal or acquittal.
  • Lack of Probable Cause: The proceedings were initiated without probable cause.
  • Malicious Intent: The person who initiated or continued the proceedings did so with malice.

What is the difference between false arrest and malicious prosecution?

False arrest occurs when you are wrongfully detained without probable cause, usually by law enforcement. Malicious prosecution, on the other hand, involves continuing legal proceedings against you without probable cause and with malicious intent following your false arrest.

Can I file a malicious prosecution claim if I pleaded guilty or accepted a plea bargain?

Typically, you cannot bring a malicious prosecution claim if you pleaded guilty or accepted a plea bargain. The civil lawsuit requires that the criminal proceedings be terminated in your favor, which is not true if you admitted guilt or agreed to a plea deal.

What kind of compensation can I receive for a malicious prosecution claim?

You may be entitled to various forms of financial compensation, including:

  • Legal Expenses: Reimbursement for attorney fees and court costs.
  • Lost Wages: Compensation for income lost due to dealing with the wrongful prosecution.
  • Emotional Distress: Damages for the mental anguish and emotional suffering caused.
  • Reputational Damage: Compensation for harm to your personal and professional reputation.
  • Punitive Damages: Punitive damages may be awarded to punish the wrongdoer in cases of particularly egregious conduct.

How long do I have to file a malicious prosecution claim in New York?

In New York, you generally have one year from the date the criminal proceedings were terminated in your favor to file a malicious prosecution claim. Contacting a malicious prosecution attorney as soon as possible is crucial to ensure all deadlines are met and your rights are protected.

Do I need a civil rights lawyer to file a malicious prosecution claim?

Yes, having an experienced civil rights attorney is crucial for navigating the complexities of a malicious prosecution claim. At Sivin, Miller & Roche LLP, our lawyers will help gather evidence, build a strong case, and represent you in court to secure the compensation you deserve.

What should I do if I believe I am a victim of malicious prosecution?

If you believe you are a victim of malicious prosecution, it is essential to:

  • Contact a Malicious Prosecution Lawyer Immediately: Take legal action to protect your rights and begin building your case.
  • Gather Evidence: Collect any documentation, witness statements, and other evidence that supports your claim.
  • Document Everything: Keep detailed records of your arrest, legal proceedings, and the impact on your life.

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