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Malicious Prosecution and Abuse of Process

Time and time again, there have been many situations wherein people who did not commit a crime are maliciously prosecuted against and charged for an offense they are not guilty of. It’s an unfortunate occurrence in our legal system that people definitely do not deserve. 

We trust the legal system and judicial processes, so the authorities should take care of that trust. For this post, we want to touch on two important things: malicious prosecution and abuse of process.

What is Malicious Prosecution and Abuse of Process?

Malicious Prosecution and Abuse of Process are related civil cases that you can file against a person or people who use the legal system against you in an inappropriate manner. An example of an improper use of the legal system is someone with malicious intent charging you with a crime you did not commit and attempting to prosecute you of an offense that they know you are not guilty of. 

What you can do if you’re a victim of malicious prosecution and abuse of process

A lot of people who are wrongfully and maliciously charged for an offense would just be glad that the case was dismissed, and to be free of the burden of it. But justice has not been served until the people behind the malicious act answer for their offense. Although the charges against you have been dropped or dismissed, consider the damages you suffered.

The legal system makes malicious prosecution and abuse of process actionable. What you can do is to file a civil case against them, suing them for damages and attorney’s fees. You can hold them accountable for their actions in this manner. 

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JP
Prentiss

Partner

Boulder

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