HUNTINGTON BEACH MALICIOUS PROSECUTION ATTORNEYS

Have you been wrongfully sued?

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

Malicious prosecution refers to 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.

Malicious Prosecution vs. Abuse of Process

While the two claims are similar, malicious prosecution and abuse of process claims 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 he or she doesn’t have a case. In addition, the plaintiff must have already obtained a “favorable termination” of the defendant’s malicious case before he or she can sue for malicious prosecution.

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