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Malicious Prosecution

Malicious prosecution violates both New Jersey State law and Federal law.

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What Is Malicious Prosecution?

A Prosecution Brought Without Cause, and With Malice

Malicious prosecution violates both New Jersey State law and Federal law. It is a claim brought after a case has ended in your favour — the wrong is that the charge should never have been brought at all.

It is one of the civil rights claims Joel Silberman brings against law enforcement, often alongside false arrest and excessive force claims arising from the same incident.

Call 201-420-1913 to request a free consultation.

What Must Be Shown

The Elements of a Malicious Prosecution Claim

In order to bring a case for malicious prosecution one must show that:

They were previously prosecuted for a criminal offense

Which was instigated without probable cause

With malice

Pursuant to a valid charging document

Which terminated favorably to the individual

The individual has suffered or incurred damages

All six have to be established. That is why the earlier point — that the case ended in your favour — matters so much: without it there is no claim to bring.

Case papers being reviewed and signed at a desk

What It Looks Like

An Example of Malicious Prosecution

An example of a malicious prosecution is where the police brutalize an individual and then in an effort to cover up their own criminality charge that individual with resisting arrest or assaulting a police officer when in fact no such activity ever took place.

In that situation the charge is not a mistake — it is the cover. Which is why a malicious prosecution claim so often sits beside an excessive force claim about the same night.

Officers making an arrest on a city street

In Their Words

What Clients Say

“I cannot recommend Joel Silberman, Criminal Defense Lawyer, highly enough! As someone dealing with extreme anxiety and facing the court system for the first time, I was incredibly overwhelmed. From our first meeting, Joel’s empathetic and understanding nature made me feel like I was talking to a friend rather than just a lawyer. He managed to bring my anxiety down to zero and, most importantly, he got my misdemeanor case dismissed with a clean record. If you want a lawyer who truly cares and delivers results, there is simply no one else like him. I will forever only trust him and will recommend him to my family and friends! You can tell he breathes, eats, and sleeps thinking about law! He is extremely passionate about defending others.” – Solangy Perez

“Joel constantly comes through. He has helped me and I have sent my family and friends to him. He does whatever he can to try and win and makes you feel safe and comfortable. He is like having a guard dog by your side going into battle!.” – Jason

“In my opinion, Joel is an exceptional attorney. I have no hesitation in recommending your professional legal services and I commend you on how friendly, accessible and efficient you are.” – Rogers

“I had a wonderful experience with Joel. He was the best attorney and friend I could have ever come into contact with. Joel saved my life and my family from total and utter destruction. Thank you so much for the time and effort you put into my son’s case.” – Stephen

“Joel is an outstanding defense lawyer! Very proactive, reliable, quick and he defends his client vigorously. Not only had he saved me, but also my time and money from the endless court fees, fines and other expenses as well.”- Christopher

Disclaimer: “Results may vary depending on your particular facts and legal circumstances.”

Speak With Joel Silberman

Have You Been Maliciously Prosecuted?

If you believe that you or a loved one has been maliciously prosecuted, The Law Offices of Joel Silberman, LLC can help you to pursue the justice you deserve. Call us at 201-420-1913 or email us at joel@joelsilbermanlaw.com.