New York City Malicious Prosecution Attorney
Our court system is designed to administer justice. It is what makes our society work. It is not a means for one party to harass or exact revenge on another. Malicious prosecution in New York City is a deliberate attempt by a party to harm another by subjecting them to a baseless criminal prosecution or civil lawsuit. It costs money, consumes large amounts of time, time, and clogs an already backlogged court system. It can ruin a person or company’s reputation and put them in financial difficulties . . . even if the case ends up being dismissed fairly early on. Don’t let that happen to you and talk to Jon Norinsberg, a trusted New York City malicious prosecution lawyer.
Malicious Prosecution Cases Against Police Officers
By definition, a malicious prosecution case may be directed against a police officer who has abused his or her power and filed charges against someone with no probable cause, only with the intent to harm or harass that person.
It can be a daunting experience to find yourself the victim of a police officer who is wrongly using his position of power to turn your life upside down. But you do have recourse: you can sue the officer in a civil cause of action to recover money to compensate you for your damages—damage to your reputation, your finances, your mental health, and so forth that stem directly from the wrongful prosecution. This is a personal injury cause of action, so the burden of proof – “a preponderance of the evidence,” is lower than in a criminal action in which guilt must be proven “beyond a reasonable doubt.” In New York, you can get the legal help you need by calling the law firm of Jon L. Norinsberg, a committed New York City police brutality attorney with more than 25 years of legal experience in malicious prosecution.
Damages in a Malicious Prosecution Case
As in any personal injury cause of action, you may claim and potentially receive three types of damages in New York City:
- Economic damages are those that can be proven by producing employment records or pay stubs to show time lost from work, legal bills, court costs, and in some cases medical bills, (for example if you required mental health counseling as a result of the stress of the prosecution).
- Non-economic damages are those that do not come with a specific, documented dollar amount, but represent harm to your quality of life, such as mental anguish, stress, pain, suffering, and damage to important relationships.
- Punitive damages are an additional award of money, beyond the economic and non-economic costs of the wrongful prosecution, that may be given to you by a jury as a means to punish the defendant for especially egregious, intentional, and malicious wrongdoing.
Elements of Malicious Prosecution:
In order to succeed in winning a malicious prosecution claim against a police officer, you, with the help of your New York City malicious prosecution attorney, will need to prove the following:
- The prosecution was brought without probable cause.
- The true purpose of the prosecution was to embarrass, harass, or otherwise harm you , or was brought for some malicious purpose other than bringing you to justice for an alleged criminal offense.
- The case ended in dismissal of charges by the court, rejection of the case by a grand jury, or an acquittal. In other words, it must have been resolved in your favor.
- The officer you are suing was the one who initiated the prosecution.
The Problem of Police Immunity
There is one important point to keep in mind, however. Police officers in New York City usually can claim immunity from prosecution for anything reasonable they do in the line of duty. Therefore, to overcome this obstacle, you will need to show that the officer’s conduct was willful, unreasonable, and a violation of your civil rights. You will have to show evidence of actual malice on the officer’s part—not simply a procedural or other error or even an unfair trial. This may be a fine distinction.
Contact Our Experience NYC Malicious Prosecution Lawyer
Because these cases are often difficult and complex, requiring a fine-tuned understanding of the law, you will need to have a New York City malicious prosecution lawyer with a deep and fearless commitment to justice, and who has extensive experience in standing up to law enforcement officers, who have the full force of the government behind them. Not all attorneys are willing to go up against the police, and others may do so, but with a lukewarm commitment. When you retain Jon L. Norinsberg to represent you in your malicious conduct action, you will have the no-holds-barred advocacy and passionate commitment to justice that will maximize your chances of success.
Legal time limits— “statutes of limitations” − apply, Don’t delay, which might cause you to lose your right to recover damages and hold the police officer accountable for the wrongdoing. Call the Law Offices of Jon L. Norinsberg today to schedule your free case evaluation.