Malicious Prosecution

Malicious prosecution violates both New Jersey State law and Federal law.

In order to to bring a case for malicious prosecution one must show that

  • They were previously prosecuted for a criminal offense
  • Which was instigated without probable cause
  • With malice
  • Pursuant to a valid charging document
  • Which terminated favorably to the individual
  • The individual has suffered or incurred damages

An example of a malicious prosecution is where the police brutalize an individual and then in an effort to cover up their own criminality charge that individual with resisting arrest or assaulting a police officer when in fact no such activity ever took place.

If you believe that you or a loved one has been maliciously prosecuted please call the Law Offices of Joel Silberman for a free consultation.

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