Montgomery Malicious Prosecution Lawyer
Alabama law firm seeks damages for victims of baseless charges
Being wrongfully arrested and prosecuted for a crime or being subjected to an unfounded civil action can expose you to heavy costs and can damage to your personal and professional life. At McGuire & Associates, our Montgomery malicious prosecution lawyer can pursue claims against anyone who wrongfully initiates a criminal or civil proceeding with malice and without probable cause.
Who may be held liable for malicious prosecution?
Under Alabama law, a victim of malicious prosecution has the right to file a civil claim for damages against people who initiate or pursue baseless charges, who may be private individuals, employers, coworkers, neighbors or acquaintances. Malicious prosecution may consist of using the legal system to harass or retaliate, knowingly filing false police reports, causing authorities to pursue baseless charges or continuing with accusations after learning they are false. Note that malicious prosecution can occur in any official proceeding, whether criminal or civil.
What is required to prove a malicious prosecution claim in Alabama
To be successful in asserting a violation of rights due to malicious prosecution, the following legal elements must be proven:
- There was an absence of probable cause to arrest or charge you
- The officer or prosecutor acted with malice
- Your case was favorably terminated, meaning it ended in a not guilty verdict or dismissal
- You sustained damages due to the wrongful action against you
We will investigate thoroughly examine the facts of your situation and amass all relevant evidence.
How Montgomery attorneys investigate wrongful arrests and false charges
Once you retain us as your attorney, we will review the police report of your arrest or the charges that are filed to identify whether there were proper grounds. We will also interview eyewitnesses to the incident and gather any available video footage. We may engage experts to determine whether evidence was properly handled and identify other technical or procedural issues. When you let us represent you, we will conduct a prompt and thorough investigation.
Compensation available to malicious prosecution victims in Alabama
Once we have proved the elements of your claim, you could be entitled to compensation for any of the following losses:
- Lost income
- Reputational harm
- Legal expenses
- Emotional distress
- Punitive damages
Our Alabama civil rights law firm will carefully examine and quantify the losses you have suffered and gather the proof necessary to obtain a jury award. It may also be possible to arrange a fair and adequate settlement without going to trial.
Why hire a Montgomery malicious prosecution lawyer early?
From the get-go, we will work to assemble and preserve the evidence needed. We are familiar with Montgomery law enforcement agencies and the court system, including its prosecutors and judges, and we know how to build a persuasive case.
Contact an experienced Alabama attorney for your malicious prosecution case
McGuire & Associates in Montgomery represents individuals who have been victims of malicious prosecution in Alabama, helping them win damages for the harm they have suffered. To schedule a consultation, call 334-781-6091 or contact us online.
