Atlanta Malicious Prosecution Lawyers

How Can an Atlanta Malicious Prosecution Attorney Help?

A malicious prosecution is the ultimate indignity. If you have been the victim of false criminal allegations, you should immediately speak with an experienced Atlanta malicious prosecution attorney.

When an innocent person is prosecuted for a crime they did not commit, the psychological damage can last a lifetime.

You feel helpless. You feel hopeless. You may suffer from post-traumatic stress disorder and have depression, trouble sleeping, and recurrent nightmares.

When you become the victim of a malicious prosecution, the law entitles you to seek monetary compensation. But knowing how to gain the protection of the law when the law is being used against you can seem overwhelming.

An experienced Atlanta malicious prosecution lawyer can help.

Types of Malicious Prosecution Claims

There are two types of malicious prosecution claims: state law and federal law claims.

The most common malicious prosecution claim is a state law tort claim.

Under Georgia state law, to win a malicious prosecution lawsuit you must show that you were prosecuted in court for a crime and that the following occurred:
• The prosecution was instituted against you maliciously
• The prosecution lacked probable cause
• The prosecution terminated in your favor

Under federal law, you may have a civil rights claim for malicious prosecution through 42 USC Section 1983, a law commonly referred to as Section 1983.

To establish a Section 1983 malicious prosecution claim, you must prove both the elements of a state law claim and a violation of your Fourth Amendment constitutional right to be free from unreasonable seizures.

Winning a malicious prosecution case is difficult without the advice of an experienced civil rights law firm.

Our experience gives you an advantage. We understand exactly how to build a winning malicious prosecution case. We understand exactly how to get you the justice you deserve.

Contact us now for a free consultation.

Do I Have a Good Malicious Prosecution Case?

The first thing our Atlanta malicious prosecution attorneys do is determine whether you have a good malicious prosecution case.

Good malicious prosecution cases often have evidence that a private person had you arrested and prosecuted based on false statements given for the purpose of achieving some personal goal, such as revenge or the collection of a debt.

A malicious prosecution claim often accompanies false arrest or false imprisonment claims. But malicious prosecution is a separate claim that is brought when the judicial system has been misused.

To win a malicious prosecution lawsuit you must meet several highly technical requirements. One of the most important requirements is that you must prove the criminal prosecution against you ended in your favor.

If, following your arrest, the criminal case against you is dismissed by a court, dismissed by the prosecutor or a “no bill” is returned by the grand jury, you may have a good malicious prosecution case.

On the other hand, if you are convicted of the charges against you, you generally do not have a case.

Similarly, if you enter a guilty plea, enter a plea of nolo contendere, or reach a settlement with the prosecutor or victim, you generally do not have a case.

Simply proving your innocence is not enough to win your case. You must not only prove that you were innocent, you must prove that there was never probable cause to believe you committed a crime.

A lack of probable cause means that there was never sufficient evidence for a reasonable person to believe that you committed a crime. A lack of probable cause can be shown by:
• Evidence that the defendant intentionally concealed proof that would have exonerated you
• Evidence that the defendant charged you with a crime that he knew was committed by someone else
• Evidence that the defendant coerced a witness to give false testimony against you
• Evidence that the defendant falsified evidence against you

If you believe that you or a loved one has been the victim of malicious or wrongful prosecution, don’t delay. Speak with our Atlanta malicious prosecution lawyers now.

Contact us today for a free consultation.

Malicious Prosecution Claim Damages

As a victim of a malicious prosecution, you can recover money from the defendant for loss of your reputation, humiliation, and mental suffering.

You can also recover for all of your out-of-pocket expenses, including lost wages, attorneys’ fees and the court costs you paid to defend yourself against the false criminal charges.

Punitive damages are often awarded to winning malicious prosecution plaintiffs to punish the defendant.

Choosing the Right Atlanta Malicious Prosecution Lawyer Can Make All the Difference

Having a skilled Atlanta malicious prosecution attorney on your side can make the difference between winning and losing your case.

A malicious prosecution consumes your time. It consumes your finances. It consumes your life.

Navigating the legal system without an Atlanta malicious prosecution lawyer’s help is difficult. But, it doesn’t have to be.

When you contact our team of Atlanta malicious prosecution attorneys, we will start working immediately to help you win your case.

Our Atlanta malicious prosecution lawyers have decades of trial experience. We’re not afraid to litigate a challenging case. We recently recover $500,000 for a man that was maliciously prosecuted by a major national retailer that employed him. Our team has the time, dedication, and resources to invest in a challenging, but worthwhile case.

Call us today at (404) 939-9470. Also, you may fill-out our online contact form to schedule a free case review with our Atlanta personal injury lawyers.