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New York City Malicious Prosecution Lawyers
Malicious Prosecution Experts with offices in Queens, Brooklyn, Manhattan & The Bronx
Have you been unjustly accused and prosecuted? The emotional and financial toll can be unbearable, not to mention the damage it does to your reputation. At The Orlow Firm, we understand how devastating a malicious prosecution can be and we’re committed to restoring justice for victims like you. Our team of experienced NYC Malicious Prosecution Lawyers is here to help you regain control of your life and secure the compensation you deserve.
Key Takeaways
- The Orlow Firm specializes in helping victims of malicious prosecution in New York City.
- You may be eligible for compensation for legal fees, emotional distress, and damage to reputation.
- Call (646) 647-3398 For A Free Case Evaluation
Maximizing Your Malicious Prosecution Case with The Orlow Firm
At The Orlow Firm, we take a comprehensive approach to each malicious prosecution case we handle. Our mission is to maximize your compensation while minimizing your stress during this emotionally trying time. Here’s how we strive to do just that:
Expert Legal Counsel: Our NYC Malicious Prosecution Lawyers are well-versed in New York law surrounding malicious prosecution. We navigate complex legal terrain with ease, aiming to provide you the most effective representation possible.
Personalized Strategy: Each malicious prosecution case is unique. We conduct a thorough evaluation of your situation and develop a strategy tailored to meet your specific needs and objectives.
Resource Allocation: We employ a team of experts, including private investigators and forensic specialists, to uncover evidence that will strengthen your case. This multidisciplinary approach ensures all angles are considered and leveraged to your advantage.
Negotiation and Litigation Skills: Our attorneys are skilled negotiators who will vigorously advocate for a fair settlement outside of court. If a settlement isn’t possible, we’re prepared to take your case to trial to ensure you receive the justice you deserve.
24/7 Accessibility: At The Orlow Firm, we understand the urgency and emotional toll of your situation. That’s why our team is accessible 24/7, ensuring you’re never left in the dark. For immediate assistance, call (646) 647-3398.
Contingency Fee Structure: We understand that finances can be a concern, especially when facing legal battles. This is why we work on a contingency basis, meaning we don’t get paid unless you do.
Emotional Support: Legal processes can be daunting and emotionally draining. We not only offer legal assistance but also provide emotional support throughout the process, acknowledging that our clients are going through a difficult period in their lives.
Full-Service Assistance: From handling paperwork to court representation and negotiating settlements, we cover all aspects of your case, allowing you to focus on your emotional well-being.
Efficient Case Resolution: Time is of the essence in malicious prosecution cases, particularly given the New York statute of limitations. Our firm prioritizes efficient case resolution to ensure you get the justice you seek within the necessary legal time frames.
In sum, The Orlow Firm offers comprehensive support and expert legal services aimed at maximizing the compensation and justice you receive for your malicious prosecution case. If you’re a victim in New York City, don’t hesitate to call (646) 647-3398 for a free case evaluation.
What Victims Can Be Compensated for in a NYC Malicious Prosecution Case
In a malicious prosecution case, the compensation you may receive is aimed at addressing both the economic and non-economic damages you have incurred due to the unjust legal actions taken against you. Here’s what you can potentially be compensated for:
Economic Damages
Legal Fees: One of the most direct economic damages you’ll face in a malicious prosecution case is the cost of legal representation. This includes not only the charges for your defense in the original unjust case but also for the malicious prosecution case itself.
Lost Wages: If you have missed work due to court appearances, jail time, or stress-related illnesses, you can claim these lost wages as economic damages.
Bail Costs: If you had to post bail during the wrongful prosecution, those costs are recoverable.
Expert Witness Fees: If experts were hired to testify on your behalf, these costs could be recovered as well.
Employment Opportunities: Malicious prosecution can lead to a loss of job opportunities, either because of time lost or because a criminal record, even a false one, can make finding employment difficult.
Non-Economic Damages
Emotional Distress: The experience of being wrongfully accused and prosecuted can lead to severe emotional distress, including symptoms like anxiety, depression, and post-traumatic stress disorder (PTSD).
Damage to Reputation: Being wrongfully accused can damage your personal and professional reputation, affecting your ability to find employment or maintain relationships.
Loss of Consortium: In extreme cases, the stress and time commitment of a malicious prosecution case can strain relationships with your spouse or family to the point of breaking, and you may be compensated for this loss.
Punitive Damages: These are awarded in cases where the conduct of the defendant was found to be especially harmful. Punitive damages are meant to serve as a deterrent to the defendant and others from engaging in similar conduct.
Understanding the potential areas for compensation is essential for building a strong malicious prosecution case. At The Orlow Firm, our experienced New York City Malicious Prosecution Lawyers will help you identify all applicable damages to ensure you receive maximum compensation. To discuss the specifics of your case, call (646) 647-3398 for a free case evaluation.
Who Is Legally Liable for Malicious Prosecution in New York
Determining who is legally responsible in a malicious prosecution case can be a complex process. Various parties may be held liable depending on the circumstances of your case. Here are some of the most common entities and individuals who might be responsible:
Law Enforcement Agencies
Police departments and individual officers could be liable if they knowingly provided false information, suppressed evidence, or otherwise acted with malice or gross negligence during your arrest or the investigation process.
Prosecutors
Although prosecutors often have immunity from civil liability for actions taken within the scope of their job, there are exceptions. For instance, if it’s proven that they acted with malicious intent or outside their professional capacity, they can be held responsible for malicious prosecution.
Private Individuals
Sometimes private citizens may be the ones who initiated the charges or provided false information that led to wrongful prosecution. In such cases, they can be held liable.
Employers
In instances where the wrongful prosecution was related to employment, an employer might be liable if they had a role in instigating or perpetuating the malicious prosecution against an employee or former employee.
Corporate Entities
Companies can also be held responsible for malicious prosecution if they knowingly provide false information or manipulate evidence to have someone wrongfully prosecuted, often to gain some sort of business advantage.
Insurance Companies
In cases involving fraudulent claims or disputes, insurance companies may be held liable if they intentionally press false charges against policyholders or claimants in an attempt to evade paying out a claim.
Medical Professionals
Although rare, medical professionals may be held accountable if they provide false medical information that directly leads to a malicious prosecution.
Determining liability requires a thorough investigation and strong legal acumen. Our New York City Malicious Prosecution Lawyers at The Orlow Firm are experienced in identifying all responsible parties to ensure you receive the full compensation you are entitled to. To discuss your specific case and find out who may be legally responsible for your malicious prosecution, call (646) 647-3398 for a free case evaluation.
Common Types of Injuries in Malicious Prosecution Cases
In a malicious prosecution case, you may be eligible for various types of damages aimed at compensating you for the wrongful legal actions taken against you. These damages can broadly be categorized into economic, psychological, and reputational damages.
Economic Damages
Financial Burden: Legal proceedings can be expensive, especially when you’ve been wrongfully accused. You could incur significant legal fees, court costs, bail, and even the cost of hiring expert witnesses.
Loss of Earnings: The time required for attending court hearings, meeting with lawyers, and the stress that prevents you from working effectively can result in lost wages and benefits.
Psychological Damages
Emotional Suffering: Wrongful accusations and the subsequent legal process can lead to severe psychological distress, including conditions such as anxiety, depression, and even symptoms of post-traumatic stress disorder (PTSD).
Loss of Mental Well-Being: The constant worry and emotional strain can lead to a loss of peace of mind, affecting your mental well-being long after the case is resolved.
Reputational Damages
Defamation: Wrongful prosecution can severely damage your reputation, affecting both your personal and professional life.
Career Implications: Even a wrongful accusation can make it difficult for you to continue in your current job or find future employment, as prospective employers may view your past legal struggles unfavorably.
Social and Familial Damages
Strained Relationships: Wrongful legal proceedings can put a strain on your relationships with family and friends, causing emotional and social isolation.
Social Stigma: The social implications of being wrongfully accused can affect your standing in the community, making it difficult for you to engage in social activities or find emotional support.
Understanding the potential damages in your case is vital for obtaining the compensation you rightfully deserve. At The Orlow Firm, our experienced New York City Malicious Prosecution Lawyers will meticulously evaluate your case to identify all possible damages, ensuring that you are adequately compensated. To discuss your case in detail, call (646) 647-3398 for a free case evaluation.
Common Types of Malicious Prosecution Incidents in NYC
Malicious prosecution in the context of criminal law involves being wrongfully subjected to legal proceedings without reasonable cause. Such situations can arise from various scenarios that often involve law enforcement, personal vendettas, or false witness testimonies. Here are some criminal scenarios where malicious prosecution might occur:
False Arrest and Detention
Unsubstantiated Detainment: You may be detained by law enforcement without proper evidence or reasonable suspicion, leading to unnecessary legal battles.
Evidence Manipulation
Framing: Law enforcement or other individuals might manipulate or plant evidence to make you appear guilty of a crime you didn’t commit.
False Charges
Baseless Accusations: Prosecutors might charge you with crimes that lack adequate evidential support, forcing you to defend yourself in court unnecessarily.
Prosecutorial Misconduct
Abuse of Discretion: A prosecutor might pursue a case against you despite knowing that the evidence is insufficient or even fabricated.
Identity Mistakes
Wrongful Identification: Law enforcement might confuse you with a criminal suspect due to mistaken identity, leading to wrongful legal actions against you.
Failure to Conduct Proper Investigation
Negligence: Law enforcement’s failure to conduct a thorough investigation can lead to your wrongful prosecution, as they might rely on inadequate or misleading evidence.
Understanding the context in which malicious prosecution occurs is crucial for defending your rights and seeking proper compensation for your damages. At The Orlow Firm, our skilled New York City Malicious Prosecution Lawyers can help you navigate the complexities of criminal law and ensure that justice is served. To discuss your case, call (646) 647-3398 for a free case evaluation.
Relevant New York Laws on Malicious Prosecution
Understanding the laws surrounding malicious prosecution is critical to successfully navigate your legal case. New York has several statutes and case laws that pertain to this area. Here are some of the relevant laws:
New York Civil Rights Law
Section 8-a Right to Sue: This section provides the right to sue any officer, magistrate, or person acting under them, for damages sustained by the victim due to any misconduct or false report.
CPLR (Civil Practice Law and Rules)
Article 30 – Remedies and Pleading: This article outlines the procedure for pleading and seeking remedies in malicious prosecution cases, specifying how evidence should be collected and presented.
Constitutional Protections
Fourth Amendment: While a federal law, the Fourth Amendment’s protection against unreasonable searches and seizures is often invoked in malicious prosecution cases in New York.
Fourteenth Amendment: The Due Process Clause of the Fourteenth Amendment can also be cited in cases where a wrongful arrest and prosecution have occurred, especially where there is abuse of power.
Tort Law Principles
Elements of Malicious Prosecution: New York follows general tort law principles requiring plaintiffs to prove four elements to establish a malicious prosecution claim: initiation of a proceeding, termination favorable to the plaintiff, lack of probable cause, and malice.
Case Law
Precedents: Numerous state and federal court decisions set precedents for what constitutes malicious prosecution, probable cause, and acceptable police conduct. These decisions are integral in shaping the arguments and outcomes of new cases.
Understanding these laws and how they apply to your case can be complex. The New York City Malicious Prosecution Lawyers at The Orlow Firm are well-versed in all relevant laws and will guide you through the legal process. For a thorough discussion of your case and to explore your legal options, call (646) 647-3398 for a free case evaluation.
Statute of Limitations for Malicious Prosecution in New York
The statute of limitations sets the time limit within which you must file a lawsuit for malicious prosecution. In New York, the statute of limitations for filing a malicious prosecution claim is generally one year from the date of the termination of the original proceedings in your favor.
One-Year Window
Filing Deadline: In New York, the clock starts ticking on the date the original criminal or civil case against you is resolved in your favor. You have one year from that date to initiate a malicious prosecution lawsuit.
Exceptions to the Rule
Tolling for Minors: If the victim of malicious prosecution is a minor, the statute of limitations may be “tolled” or paused until the individual reaches the age of majority.
Incapacitation: If you are mentally incapacitated at the time the cause of action arises, the one-year period may be extended, though specific rules apply.
Fraudulent Concealment: If the defendant has actively concealed the wrongdoing, courts might extend the time limit to file a case.
Importance of Timely Filing
Loss of Right to Sue: Failure to file within the one-year window generally results in a loss of your right to sue for malicious prosecution, irrespective of the merits of your case.
Evidence Preservation: Timely filing ensures that evidence, such as documents or witness testimonies, is fresh and readily available.
Filing within the statute of limitations is crucial for the success of your malicious prosecution case. Missing this deadline could mean forfeiting your right to seek justice and compensation. The New York City Malicious Prosecution Lawyers at The Orlow Firm can help ensure that all deadlines are met and that your case is presented in the most compelling manner. To discuss the specifics of your situation and begin the legal process, call (646) 647-3398 for a free case evaluation.
Prevention Methods Against Malicious Prosecution
While malicious prosecution can sometimes be out of your control, there are preventive measures you can take to minimize the risk or mitigate the impact. Here’s how:
Document Everything
Maintain Records: Keep a detailed account of any interactions with law enforcement or other parties involved. This includes names, dates, places, and what was said or done. Documentation can be crucial for establishing a timeline and providing evidence.
Consult a Lawyer Immediately
Early Legal Advice: Consult a lawyer as soon as you become aware that you’re being investigated or charged. The sooner you get legal advice, the better your chances of avoiding unwarranted prosecution.
Know Your Rights
Be Informed: Familiarize yourself with your rights during encounters with law enforcement. Do not voluntarily provide information without understanding the implications and your legal protections.
Install Surveillance
Video Evidence: If you believe you are being targeted, consider installing video surveillance at your home or business. This can serve as unbiased evidence in your favor.
Obtain Witnesses
Corroborative Testimony: Witnesses can corroborate your version of events and serve as valuable assets in your defense. Encourage them to provide statements as soon as possible.
Exercise the Right to Remain Silent
Avoid Self-Incrimination: Utilize your right to remain silent when questioned by authorities, especially without a lawyer present. Anything you say can be used against you in court.
File for Dismissal
Early Intervention: If you believe the case against you lacks merit, your lawyer can file a motion for dismissal, potentially halting prosecution before it gains momentum.
Seek Protective Orders
Legal Protection: If someone is falsely accusing you due to a vendetta or other reasons, consider seeking a restraining order or order of protection against them.
Taking these preventive steps can offer you some level of protection against malicious prosecution. However, if you find yourself a victim despite your best efforts, the New York City Malicious Prosecution Lawyers at The Orlow Firm are committed to providing you with the legal support you need. Call (646) 647-3398 for a free case evaluation and to discuss the best course of action for your situation.
Additional Resources for Victims of Malicious Prosecution in NYC
To better understand malicious prosecution and your rights, we’ve compiled a list of additional resources. These sources can provide more information and insights, although they should not replace professional legal counsel from the qualified New York City Malicious Prosecution Lawyers at The Orlow Firm.
New York State Legislature
An online database where you can review the full text of New York’s laws related to malicious prosecution.
Justia – New York Case Law
A platform offering summaries and full texts of New York Court of Appeals decisions, including those related to malicious prosecution.
New York Civil Liberties Union (NYCLU)
While focused on civil liberties, the NYCLU also tackles issues related to malicious prosecution and police misconduct.
American Bar Association (ABA) – Section of Litigation
The ABA provides numerous articles, papers, and other resources related to different aspects of litigation, including malicious prosecution.
Cornell Law School – Legal Information Institute
Offers legal explanations and discussions, including those related to torts like malicious prosecution.
For a more tailored and thorough understanding of your specific case, and to explore your legal options in detail, call (646) 647-3398 for a free case evaluation. The Orlow Firm is here to guide you through the complex legal landscape of malicious prosecution.
Frequently Asked Questions
How much does it cost to hire The Orlow Firm?
We operate on a contingency fee basis, meaning you pay nothing unless we win your case. The fees will then be a percentage of the settlement or award.
How long does it take to resolve such cases?
The timeline for resolving a malicious prosecution case varies widely depending on the complexities involved. It could take anywhere from a few months to several years.
What is my case worth?
The value of a malicious prosecution case depends on various factors including the severity of the damages and the evidence available. To get a more precise evaluation, it’s best to consult with our attorneys.
Do I have to go to court?
Not necessarily. Many malicious prosecution cases are settled out of court. However, if a fair settlement isn’t possible, going to court may be the best option to secure maximum compensation.
How quickly should I contact a lawyer?
You should contact a lawyer as soon as possible after the termination of the original proceedings in your favor. Prompt action is essential due to the one-year statute of limitations in New York.
What if I partly contributed to the accident?
Malicious prosecution cases don’t usually involve shared fault. However, if you feel you might have contributed in some way, it’s crucial to consult a lawyer to explore your legal options.
For more information and personalized advice tailored to your case, call (646) 647-3398 for a free case evaluation.
Why Choose The Orlow Firm as Your NYC Malicious Prosecution Lawyers
Choosing the right legal representation is crucial, especially when you’re facing a situation as complex and sensitive as malicious prosecution. At The Orlow Firm, we bring decades of combined experience, in-depth legal knowledge, and a client-first approach to every case. Our New York City Malicious Prosecution Lawyers are committed to providing personalized service, from initial consultation through case resolution. We operate on a contingency fee basis, meaning you pay nothing unless we secure a settlement or award in your favor. With a reputation for tenacity, integrity, and winning results, The Orlow Firm is the clear choice for those seeking justice in malicious prosecution cases. Call (646) 647-3398 for a free case evaluation and take the first step towards reclaiming your life.