Protecting Individuals from Wrongful Criminal Prosecution
Being accused of a crime is stressful enough. When law enforcement officers or government officials pursue criminal charges without probable cause and with improper motives, the consequences can be devastating. A malicious prosecution can damage your reputation, jeopardize your career, strain your personal relationships, and leave lasting emotional and financial scars, even if you are ultimately found not guilty.
At Wiener Legal, we represent individuals throughout Pennsylvania whose constitutional rights have been violated through malicious prosecution and other forms of police misconduct. If you believe criminal charges were wrongfully brought against you, our attorneys are prepared to investigate your case and help you pursue justice.
What Is Malicious Prosecution?
Malicious prosecution occurs when criminal charges are initiated or continued against an individual without probable cause and for an improper purpose. Unlike a simple mistake or unsuccessful prosecution, malicious prosecution generally involves legal action that should never have been pursued in the first place.
Under federal civil rights law and Pennsylvania law, individuals may have the right to seek compensation when government officials misuse the criminal justice system to violate constitutional rights.
A successful malicious prosecution claim often requires showing that:
- Criminal proceedings were initiated or continued against you
- The proceedings ended in your favor
- There was no probable cause to support the prosecution
- The prosecution was motivated by malice or an improper purpose
- You suffered damages as a result
Because these cases involve complex legal standards, it is important to work with attorneys experienced in civil rights litigation.
Examples of Malicious Prosecution
Malicious prosecution claims may arise from situations such as:
- Filing criminal charges without sufficient evidence
- Fabricating or falsifying police reports
- Knowingly presenting false testimony
- Withholding exculpatory evidence
- Pursuing charges after discovering evidence of innocence
- Filing charges in retaliation for protected speech or lawful conduct
- Making arrests based on fabricated witness statements
- Continuing a prosecution despite the absence of probable cause
- Misrepresenting evidence to prosecutors or the court
Each case depends on the specific facts and whether constitutional rights were violated.
Your Constitutional Rights
The Constitution protects individuals from being subjected to criminal prosecution without probable cause.
Government officials, including police officers, investigators, and others acting under color of law, may be held accountable when they knowingly violate constitutional rights by causing or continuing unjustified criminal proceedings.
Many malicious prosecution cases are brought under 42 U.S.C. § 1983, which provides a legal remedy for constitutional violations committed by government officials.
If you were wrongfully prosecuted, you may be entitled to recover compensation for the harm you suffered.
Depending on the circumstances, damages may include:
- Attorney’s fees and legal expenses
- Lost wages
- Loss of future earning capacity
- Emotional distress
- Damage to your reputation
- Medical or counseling expenses
- Pain and suffering
- Out-of-pocket financial losses
- Punitive damages in appropriate cases
- Attorney’s fees available under certain federal civil rights statutes
Every case is unique, and the available damages depend on the facts and evidence.
Why Choose Wiener Legal?
Civil rights cases involving malicious prosecution require attorneys who understand constitutional law, criminal procedure, and complex litigation.
At Wiener Legal, we are committed to protecting the rights of individuals who have been wrongfully prosecuted. We thoroughly investigate every claim, aggressively pursue accountability, and fight to recover compensation for the harm our clients have suffered.
Clients choose our firm because we provide:
- Personalized legal representation
- Comprehensive case investigations
- Honest legal advice
- Experienced civil rights advocacy
- Aggressive litigation when necessary
We understand how damaging an unjustified criminal prosecution can be, and we work tirelessly to protect the rights and futures of our clients.
The Law Offices of Richard M. Wiener practices in federal and state courts in PA, NJ, and CO.
» Contact us to ask a question or request a free consultation.
Testimonials
“Richard and staff took care of all of my concerns, and communicated with me throughout the entire process. I’m very satisfied with the quality of work and would recommend the Law Offices of Richard M. Wiener.”
Jason M.
“I was very pleased with the level of concern I received from yourself and your staff. I always received answers to my questions with great compassion and honesty. I always felt that everyone there really cared about myself and my injuries. Whenever I felt anxious or frustrated you always made me feel better.”
Maritza M.
“Your staff is very well educated in the needs of the victim of a motor vehicle accident. They are courteous and always available to answer any and all of my concerns. I was always given a time or date when my questions would be answered if they were not answered at the moment I asked. And that was always fulfilled. I would recommend your office to anyone in need of representation.”
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