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Calvin Schneider, Malicious Prosecution


WERE YOU WRONGFULLY SUED?

If someone has sued you or prosecuted you for a crime, you may be able to claim abuse of process or bring a claim of malicious prosecution. 

Malicious prosecution is a criminal or civil case that is filed without an adequate basis and for an improper purpose, such as harassing the defendant, ruining another person’s reputation, or to knowingly place blame on someone other than the actual wrongdoer. If a prosecutor files such a case and the charges are dismissed, the defendant can sue for malicious prosecution and seek financial damages. 

ABUSE OF PROCESS VS. MALICIOUS PROSECTION.

These are two claims that are very similar.

 Malicious prosecution and abuse of process claims also have some essential differences. A plaintiff can sue for abuse of process when a defendant starts a legal process with the intention to obtain results for which the process was not designed. A plaintiff can sue for malicious prosecution when a defendant “maliciously” prosecutes a criminal case or uses a civil proceeding against the plaintiff when the defendant knows they do not have a case. In addition, the plaintiff must have already obtained a “favorable termination” of the defendant’s malicious case before they can sue for malicious prosecution.