While you may have been forced to defend false allegations against you, it does not automatically mean that you are entitled to compensation when you have managed to clear your name. To an extent, prosecutors must perform some initial investigation into any allegations to know that they are acting in the interests of justice. It is only when the prosecutor initiates legal proceedings against you or continues a case that they know to be wrong that they open themselves and the state up to liability. Either way, the criminal defense attorneys at Hogan Eickhoff are ready to help when you have been accused of anything because the potential consequences can be steep.
Not Every Unsuccessful Prosecution Against You Is Malicious
Just because the prosecutor does not win your case against you does not mean that the prosecution was malicious – it may have simply been unsuccessful. The prosecutor would use their legal judgment, subject to their own professional responsibility obligations, to decide whether to indict and charge you with a crime. They would use their own ethics as a prosecutor and try to do their job in a spirit of fairness. Prosecutors have different styles, and some may be more aggressive than others. Still, it does not mean that an aggressive prosecutor is malicious if they have overcharged a case and they lose at trial. In Wisconsin, you have a civil right of action to sue the government for malicious prosecution. However, there is a relatively high bar that you must meet to show that the prosecution was malicious, and you are entitled to compensation.
The Elements of Proving Malicious Prosecution
To win a civil lawsuit for malicious prosecution, you must prove the following six elements:
- There was a judicial proceeding that was brought against you
- The prosecutor filed the case against you, or they insisted on continuing it
- The proceeding was terminated in your favor
- The prosecutor acted with malice in the institution or continuing the proceedings
- The proceeding was instituted without probable cause
- You suffered damages from the proceeding
The fourth and fifth elements are really the ones that would be closely contested in a malicious prosecution lawsuit. It can be difficult to show that a prosecutor actually had the intent to cause you harm when they filed charges against you. Essentially, you would have to show that the prosecutor brought a case that they knew they never should have in the first place. The ultimate goal is to show that the prosecutor brought the case for purposes other than succeeding on its merits. In addition, a jury may also review some of the evidence that formed the basis for the charges because you would need to prove that there was no probable cause for the charges in the first place. Probable cause is a reasonable belief that criminal activity has taken place. For example, if you were charged in spite of the fact that there was no case against you because the prosecutor was facing political pressure or they wanted to build their reputation for a run for office, there is a possibility that you could prove malicious prosecution. Remember that you do not necessarily have to win in court to successfully prove malicious prosecution. The fact that the prosecutors dropped charges against you and withdrew their case could still be a favorable outcome for you. The damages that you suffer are the harm to your reputation and the legal expenses that you have incurred in defending against the charges.
Take Every Allegation Against You Seriously
Even if allegations are false and blatantly ridiculous, you cannot simply ignore them. A prosecutor has the weight of the law behind them, and even allegations can destroy your own credibility if you do not fight back. Any time there are allegations made against you or you learn that you are being investigated for a potential offense, you should hire an experienced criminal defense attorney to represent you. It is simply unwise to leave anything to chance in your case. Mounting a strong legal defense, which can include your own public relations campaign, can put you in a better position to get the case dismissed and your name cleared. Clearing your name may be as simple as your attorney speaking to the prosecutor and having you sit down with them for an interview. The prosecutor would then be able to hear your side of the story and come to learn that the allegations against you are false. Hopefully, the prosecutor operates in the spirit of fairness and integrity to know when there is no basis to file criminal charges against you. The one thing that you should not do is to try to act on your own to clear your name. You should also not try to contact the accuser to speak with them and get them to change their story. Anything that you do on your own may make your circumstances even worse. Even though you may not want to spend the money on a criminal defense attorney when the allegations against you are false, it is exactly what you have to do to restore your reputation and defeat any potential charges against you. There are, unfortunately, plenty of instances in which defendants have been wrongfully convicted of false allegations or have been pushed into pleading guilty out of fear. Hiring a criminal defense lawyer early in the process can help reduce the chances of those unfair outcomes.
Contact an Appleton Criminal Defense Attorney Today
If you are facing any type of allegations or criminal charges, the Appleton criminal defense lawyers at Hogan Eickhoff can vigorously defend you, working to clear your name whenever possible. It is essential that you engage us early in the legal process so our attorneys can be the most effective. The first step is to reach out to speak to a lawyer, so schedule a free initial consultation with us today. If you or someone you know may require further legal advice, contact us now or call (920) 450-9800.