What is the Civil Claim for Malicious Prosecution?
–By John Merrick — In a nutshell, it begins when a person falsely accuses another of a crime to get something in return. The person who is falsely accused must be charged and “beat” the charge (no plea agreement). When these elements are satisfied, the rest of the elements tend to fall into place. The strongest claims typically involve a sympathetic and vulnerable plaintiff, against a powerful and aggressive defendant. Here are a few real examples: (1) a general contractor falsely reports that a subcontractor stole something that he was supposed to deliver to a job site; (2) a rent-to-own...Read More