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January 15, 2025

Malicious Prosecution Examples: Know Your Legal Rights in California

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

Victims of malicious prosecution often face huge emotional and financial difficulties. Pointer and Buelna, LLP—Lawyers For The People understands the many complexities surrounding these cases, especially in the context of civil rights within California.

What Is Malicious Prosecution?

Malicious prosecution is when someone wrongfully engages in legal action, either criminal or civil, against another person without proper justification. Most of these cases originate with a victim who has falsely accused the perpetrator in order to hurt them. California law currently requires that victims demonstrate the prosecution was initiated without probable cause and with malice.

The consequences of setting off on such a spree can be grave, from preserving damage or losing some money to developing into debt and sliding down the ladder emotionally. 

Examples of Malicious Prosecution

Types of Malicious Prosecution

• Charging law enforcement with covering up misuse of force or incorrect arrest
• Making legal threats without a solid base against any individual to abuse frightens them.
• Criminal Filing to Retaliate or Seeks Revenge

This is particularly true in cases of police misconduct — examples are still held up where charges were made on those who had not committed anything, but for a lack, they share the same skin as an offender.

Proving Malicious Intent in a Case

To succeed in a malicious prosecution case, litigators must establish the following:

Lack of probable cause: An action taken was without probable cause.

Malice aforethought: The major motive was to harm the defendant rather than to see justice served.

Compensation for Malicious Prosecution

Victims may be entitled to compensation for:

• Emotional distress due to the ordeal.
• Financial losses, including legal fees and lost income.

California law is very protective of civil rights, ensuring that any injured party has ample opportunity to seek justice and recover damages for their suffering.

The Importance of Working with an Experienced Civil Rights Attorney

Navigating a case of malicious prosecution requires specific knowledge of the state’s legal landscape. With an experienced attorney, the facts are thoroughly investigated, relevant legal precedents are identified, and arguments supporting the claims are built.

At Pointer and Buelna, we have a proven track record of defending civil rights victims and holding wrongdoers accountable.

Frequently Asked Questions (FAQs)

When is Prosecution Deemed Bad?

You have a lot of things to think about after the psychological and physical toll it took on you, but what can be applied in your case is malicious prosecution, which involves knowingly commencing legal proceedings without just cause, particularly with an intention to harm them. Typical examples include manufactured evidence or a case of wrongful criminal charges.

On the flip side, how difficult is it to prove malicious prosecution?

Proving this conduct in court can be difficult because the burden of proof is extremely high. A plaintiff must prove not only that the comments were purely malicious, but also lacked probable cause.

How difficult would it be to prove the intent?

Circumstantial evidence demonstrating malice could take many forms, including in communications or actions evincing a general plan to injure the defendant.

What Is Abuse of Process Malicious Prosecution?

The issue here is called an abuse of process, where litigious machinery is wrongly utilized and manipulated. 

Contact Us for Skilled Civil Rights Representation

Reach out to Pointer and Buelna for dedicated legal support. Call us today at (510) 929-5400 to help you protect your rights and pursue justice. Free consultation here.