The Difference between Malicious Prosecution and Abuse of Process

justice

A plaintiff can sue for malicious prosecution when a defendant “maliciously” prosecutes a criminal or uses a civil proceeding against the plaintiff when the defendant knows they don’t have a case.

Abuse of process occurs when a plaintiff sues a defendant for wrong accusation or a previous case where the defendant tried to use the legal system against the plaintiff in a manner for which legal system is not intended.

The Essential Elements of Malicious Prosecution

A successful malicious prosecution claim requires the following:

  • Beginning or continuing a criminal or civil legal proceeding
  • Believing in the allegations of the proceeding without any reasonable grounds
  • Getting to a judgment in the proceeding without a purpose
  • Termination of the proceeding in favor of the person being prosecuted or sued

An example of malicious prosecution is when 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 although no such activity ever took place.

The Essential Elements of Abuse of Process

In the case of abuse of process, a plaintiff can sue for abuse of process when a defendant starts the legal process. The most important element of abuse of process is that:

  • A plaintiff shows an improper and unnecessary purpose
  • The defendant uses the legal system to extort, force or create an illegal effect through the use of an otherwise legal process.

For example, when a defendant’s lawsuit is legitimate but a certain aspect of the lawsuit is not, the plaintiff can still sue for abuse of process.
If you believe that you or a loved one has been maliciously prosecuted, please call the Law Offices of Joel Silberman for a free consultation. We have the knowledge, skills and experience to help you. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

Why You Should Hire a Certified Criminal Trial Attorney

Criminal trial attorney

Certified trial attorney is a title granted by the New Jersey Supreme Court to criminal trial attorneys that demonstrate a higher level of experience, education, knowledge and skills in their criminal trial practice. This certification is solely granted to those lawyers who apply for it. The Supreme Court, through its board on attorney certification, grants this title to those lawyers who are able to meet the standards set by the board and approved by the court. An attorney can be a certified criminal trial attorney if:

  • He or she has been a member of the New Jersey Bar for at least five years.
  • He or she has taken a specific number of legal education courses in the years prior to filing an application.
  • He or she demonstrates substantial involvement in the preparation of litigated matters.
  • He or she submits a list of attorneys and judges who will attest to the applicant’s character and ability.
  • He or she passes a written examination covering various aspects of trial practice in their designated specialty.

If you or a loved one has been arrested or charged with a crime, it is in your best interest to hire a certified trial attorney because:

  • Certification is the highest level of evaluation for competency, experience, professionalism and ethics within a specific area of the law.
  • When you hire a certified criminal defense attorney, you can be sure that your attorney is a specialist in their area of the law.
  • Certification is an assurance that the attorney has the skills and experience to succeed in the high-pressure environment of a courtroom.

Do You Need a Criminal Trial Attorney?

At the Law Offices of Joel Silberman, no case is too big or too small. Whether you have been issued a summons for Municipal Court or been charged with a first degree offense, you will receive the same aggressive and hard-hitting representation. Attorney Joel Silberman will defend you or your loved ones against all types of criminal charges including drug crimes, DUI, DWI, murder or manslaughter, theft and fraud, assault and domestic violence, weapons offenses, juvenile offenses, traffic violations and record expungement. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

Video: What is Aggravated DWI

Aggravated DWI is a misdemeanor. If you are charged with it, you will most likely not be able to plead below a DWI misdemeanor. It has higher penalties and is considered a more serious crime than a regular DWI. An Aggravated DWI has criminal and civil penalties. If you have been arrested and charged with a DWI, our experienced DWI defense lawyers will work to protect your rights and fight on your behalf to help you avoid a serious criminal conviction. Call 201-420-1913.

Man charged with sex assault on 8-year-old girl

A 25-year-old man charged recently with sexually assaulting an 8-year-old girl now faces two counts of aggravated assault for allegedly attacking a sheriff’s officer and inmate while being taken to jail.
The Hoboken man is charged with aggravated assault for allegedly striking the uniformed officer on the elbow with his handcuffs and then punching her on Wednesday, the criminal complaint says. Read more…

Hoboken man charged with falsely imprisoning mother

Hoboken police heard screams for help when they responded to a Willow Avenue residence where they arrested a 67-year-old man on charges he falsely imprisoned his mother, officials said.
Officers responding to a 911 call early on June 21 heard the woman’s “loud screams for help” coming from the residence. The officers said the son, a resident of Washington Street near 13th Street, refused numerous orders to open the door, the criminal complaint says. Read more…

Slide | How a Criminal Defense Lawyer Can Help You

Getting charged with a crime is a grave situation. It requires the help of an experienced and knowledgeable criminal defense lawyer. A lawyer can file necessary paperwork, negotiate a plea bargain, gather statements of witnesses and bring in experts to testify. If you are accused, charged, or arrested for criminal charges, you need the help of criminal defense lawyer, Joel Silberman. He focuses exclusively on criminal defense. He will provide aggressive defense from start to finish, and will keep you informed regarding your case. Call 201-420-1913.

How a Criminal Defense Lawyer Can Help You

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Slideshow | How to Choose a DWI Defense Attorney

If you have been arrested or charged with a DWI offense, you may be facing serious consequences. Getting the help of a competent and experienced DWI defense attorney is in your best interest. To choose the right attorney, consider the experience, reputation and communication skills of the attorney. If you or someone you love is facing DWI charges, speak to our experienced DWI defense attorneys as soon as possible. We have the extensive knowledge, experience and skills to handle any DWI case. Call 201-420-1913.

DWI Defense Attorney

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Slideshow | Aggravated DWI

An Aggravated DWI has higher penalties, different plea-bargaining restrictions and is considered a more serious crime than a regular DWI. It carries criminal penalties and civil penalties. If you or a loved one has been arrested and charged with a DWI, you need to speak to our experienced DWI defense lawyers as soon as possible. Our DWI defense lawyers will work to protect your rights and fight on your behalf so you can avoid a serious criminal conviction. Call 201-420-1913.

Aggravated DWI

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How a Criminal Defense Lawyer Can Help You

Person arrested for a crime

Getting charged with a crime is a difficult situation. It requires the help of an experienced and knowledgeable criminal defense lawyer. A skilled criminal defense lawyer knows exactly how to present your case in court. If you or a loved one has been charged with a crime, consult with a criminal defense lawyer as soon as possible. Your lawyer will do the following things for you:

Provide you with an honest assessment: Your lawyer know how things work in the court system. He or she will provide you with an honest assessment of how the trial will proceed and what you can expect.

File the necessary paperwork: Your lawyer can help fill out the necessary paperwork in court. He or she can ensure that all the paperwork is filed according to the strict deadlines set by the court.

Negotiate a plea bargain: Your lawyer can work with the prosecutor to negotiate a plea bargain for you. A plea bargain can reduce your potential sentence and may eliminate a few or all of the charges against you.

Work out a sentencing program: Your lawyer can work out a suitable sentencing program depending on your charges. He or she may also work to get your sentence structured so that you don’t cross paths with the judicial system in the future.

Gather statements: Your lawyer can gather witness statements. He or she can hire investigators to investigate the witnesses scheduled to be presented by the prosecution. If the investigators find anything suspicious, this could help your case considerably.

Bring in expert witnesses to testify: A lawyer can bring in expert witnesses to testify on your behalf in an effort to get an acquittal.

Contact Us

If you are accused, charged or arrested on criminal charges, you will need an experienced and aggressive criminal defense lawyer to fight for you. Criminal defense lawyer Joel Silberman focuses exclusively on criminal defenses. He will provide an aggressive defense from start to finish and will keep you informed regarding your case. Call 201-420-1913 or email joel@joelsilbermanlaw.com.

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