Malicious prosecution occurs when someone initiates a civil lawsuit or criminal proceeding without “probable cause” or a good reason for asserting the claim. It is most commonly associated with criminal charges. It can also occur when someone brings a lawsuit for the purpose of harassing or bullying another person. The same can be said about malicious arrest—when police arrest you for the purpose of harassment or without a good reason, malicious arrest has occurred. Malicious arrest is also referred to as false arrest or wrongful arrest.
You may have a civil claim for damages as a result of malicious prosecution or malicious arrest. When the criminal charge is baseless or illogical, you may be able to claim compensation for the expense in defending the claim and any other damages that may have occurred. Money damages are often the most common remedy.
Asserting a Malicious Prosecution or Malicious Arrest Claim in GA
Both Georgia and federal law prohibit malicious prosecution. Under Georgia law, you must show that you were prosecuted against maliciously and that the claim lacked probable cause. The term “probable cause” is a legal term of art, and it is found in the Fourth Amendment of the United States Constitution. The term is generally associated with the police having a reasonable basis to conclude that a crime may have been committed. Probable cause is required before any search and seizure, as well as any arrest.
In addition, to assert a claim in civil court for malicious prosecution you must first win your underlying criminal case. Unfortunately, this process can be emotionally and financially draining. Nonetheless, it is a necessary first step to assert your claim. Your civil claim cannot start until the criminal claim has been concluded completely.
Under federal law, your claim is often under a civil-rights umbrella. Section 1983 requires that you prove the elements of a state law claim and violation of your Fourth Amendment rights.
A Successful Malicious Prosecution Case
Successful malicious prosecution or wrongful arrest cases are often started by witnesses that provide incorrect or misleading information. Some of the most common reasons for malicious prosecution are related to charges like assault, battery, or sexual assault. In those situations, some of the most important evidence is based on “he said, she said” information. The most important witnesses in those cases are not always reliable or may outright lie, depending on the situation.
Because you must win your criminal case before you can assert a claim for malicious prosecution, if you enter a plea of guilty or nolo contendere, your claim may not be available. The same can be said if you strike a deal with the prosecution and enter a plea bargain. You must actually enter a plea of not guilty and go through the entire trial process to have a viable malicious prosecution claim.
Malicious Arrest or False Imprisonment
Although malicious prosecution cases and wrongful arrest or false imprisonment are often associated claims, they are all distinct legal claims with different requirements for success. You can have one type of claim without the other and vice versa.
If you believe you or a loved one has been maliciously prosecuted, you may have civil remedies for your damages. Contact our team at Williams Elleby Howard & Easter in Cobb County, Georgia for more information.
