Malicious prosecution violates both New Jersey State law and Federal law.
In order to 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
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.
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.
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