Columbus Malicious Prosecution Lawyer
The United States Constitution guarantees you certain rights. These include specific rights in your relationships with law enforcement and the court system. They exist to protect you from being treated unfairly and as a result, deprived of liberty and forced to suffer an unnecessary financial burden when you are suspected of committing an offense, arrested, on trial, or in custody awaiting trial.
When an individual’s 14th Amendment rights are violated, he or she is a victim of malicious prosecution. Any government agent can commit an act of malicious prosecution, such as a police officer or a prosecutor.
The 14th Amendment
The 14th Amendment to the United States Constitution states that no state may create or enforce a law that inhibits a citizen’s privileges and immunities and that states may not deprive people, citizens or not, of life, liberty, or property without due process of law. It also states that no state may deny individuals equal legal protection.
Put simply, the 14th Amendment guarantees your right to a fair trial when you have been charged with a crime. It also requires that you be treated fairly by law enforcement and the court system.
Examples of Malicious Prosecution
Acts of malicious prosecution are actions that somehow abuse the legal protocol for arresting, holding, and prosecuting an individual charged with a criminal offense. Often, they involve malice on the part of the government agent acting against the defendant. Examples of malicious prosecution include:
- Charging an individual with a crime without good cause;
- The malicious issuance of a search warrant without probable cause to believe the defendant had valid evidence to collect in a search;
- Pursuing a criminal or civil proceeding against an individual without having sufficient evidence to support the claim in an effort to spite, defame, or otherwise harm him or her;
- Arresting an individual without probable cause to believe he or she committed an offense; and
- Falsely imprisoning an individual.
Remedies for Victims of Malicious Prosecution
Malicious prosecution can take a significant toll on a victim. Depending on the nature of the violation, he or she might be physically injured, emotionally traumatized, and/or struggling financially from the costs of the litigation and fines he or she paid after being found guilty.
Through a successful malicious prosecution claim, a victim can recover financial compensation for the damages he or she suffered. These can include the cost of counseling to overcome the mental trauma of the rights violations that occurred and in cases where the victim suffered professionally from the defamation that came with being arrested, imprisoned, or convicted, compensation for lost business and impaired career advancement opportunities.
Work with an Experienced Columbus Civil Rights Lawyer
When your civil rights are violated, you have the right to seek compensation for the damages you experience as a result. This is true regardless of whether you are guilty of the charge you faced. To learn more about your constitutional rights and how you can protect them, contact our team of experienced civil rights lawyers at Marshall & Forman, LLC today to set up your initial consultation in our office.