Malicious Prosecution in Wrongful Convictions
Attorneys from Marrone Law Firm, LLC Advocate for Those Who Have Been the Targets of Malicious Prosecution in Wrongful Convictions
Unfortunately, people throughout the Philadelphia area and across Pennsylvania and the country are convicted of crimes they did not commit. In some of these cases of wrongful conviction, an innocent person is charged by prosecutors who are seeking to retaliate or gain revenge against the defendant. When this occurs, the individual being prosecuted has been the victim of malicious prosecution in wrongful convictions. In other cases, a malicious prosecution may occur when a prosecutor continues a criminal case against a defendant despite a clear lack of any inculpatory evidence or despite the prosecutor being in possession of fully exculpatory evidence (such as DNA evidence that excludes the defendant or implicates another individual).
In Pennsylvania, a malicious prosecution claim represents one of the primary methods by which an innocent person who was wrongfully convicted of a crime can seek redress for the harm and loss they suffered due to their conviction and incarceration. At Marrone Law Firm, LLC, our experienced civil litigation & trial attorneys in Philadelphia, PA fight to advocate for the rights of victims of malicious prosecution in Philadelphia and throughout Pennsylvania. We work to help you recover from the impacts that a wrongful conviction has had on your life and to hold prosecutors and others who engage in bad acts accountable.
Contact Marrone Law Firm, LLC today if you have been exonerated from a wrongful conviction that arose due to malicious prosecution for a free consultation to discuss your legal rights and options and next steps for you to take to pursue the justice you deserve.
How Do You Prove That You Suffered from Malicious Prosecution by Officials?
Malicious prosecution only occurs when a prosecutor files charges against a defendant knowing that there is no probable cause to bring the charges and for malicious purposes. A malicious prosecution claim requires you to prove that:
- You were subject to a criminal proceeding.
- The proceeding was resolved in your favor — typically, this means that all your charges were dropped by the prosecutor’s office or permanently dismissed by the trial court. If you were only cleared of certain charges, you cannot pursue a malicious prosecution claim.
- The prosecution lacked probable cause to pursue the charges. This usually involves the prosecution having possession of exculpatory evidence in your favor or fabricating evidence against you.
- The charges were filed against you for malicious purposes.
- You suffered injuries or damages because of the prosecution.
Proving that the prosecutors in your case lacked probable cause to pursue your charges or acted with malicious intent can be incredibly difficult. A thorough investigation may be needed to recover evidence showing that the prosecution knowingly possessed exculpatory evidence in your case, or intentionally convinced or coerced a state witness to provide false or misleading testimony. You may also need to produce evidence of the prosecutor’s malicious intent to remove any doubt that your prosecution may have simply been an honest mistake. This evidence may take the form of emails, text messages, or handwritten notes. Unfortunately, obtaining such evidence will likely require overcoming numerous obstacles — as such evidence would likely be in the possession of the same prosecutor’s office against which you are pursuing your malicious prosecution claim.
Marrone Law Firm, LLC Seeks Full Recovery and Justice for Clients Who Have Been Exonerated from Crimes after Being Victimized by Malicious Prosecution in Wrongful Convictions Throughout PA
If you have lost years of your life due to a wrongful conviction that was motivated by a malicious intention, no amount of money can give you back the time you have lost. However, you still deserve some measure of justice and to hold those responsible for your wrongful conviction accountable for their malicious acts. In a malicious prosecution claim, you may be entitled to recover compensation for losses that you suffered due to your wrongful conviction, such as emotional distress and trauma, the lost years of your life behind bars, and the loss of personal and professional opportunities. In some extreme cases, you may even be entitled to recover punitive damages.
When you turn to Marrone Law Firm, LLC for help with your malicious prosecution in wrongful convictions claim, you can expect our firm to use the full extent of its expertise and resources to leave no stone unturned in seeking to prove that you were the victim of malicious prosecution in your criminal case.
How The Marrone Law Firm Helped Walter Ogrod Get Justice After Years of Incarceration for a Wrongful Conviction
Contact Our Firm for a Free Case Review to Learn More about How We Can Help You Pursue Accountability for Being Wrongfully Put Behind Bars
If you were the victim of malicious prosecution that resulted in your being wrongfully convicted of a crime, after you have been exonerated and released from your wrongful conviction turn to the attorneys of Marrone Law Firm, LLC for help in pursuing accountability and justice from those officials and the government who may have wronged you.
Frequently Asked Questions about Malicious Prosecution in Wrongful Convictions
You may be entitled to seek a recovery from the state or district attorney’s office that handled your prosecution. You may also have a claim against the prosecutors and other staffers in the district attorney’s office who participated in the malicious prosecution. However, in many cases, prosecutors enjoy absolute immunity for their prosecutorial decisions, except for claims that the official acted beyond their authority or engaged in illegal acts themselves, such as falsifying evidence or committing perjury.
In most cases, by pleading guilty or no contest pursuant to a plea agreement with the prosecutor’s office, you typically waive the right to claim that you were the victim of malicious prosecution. When you enter your plea, the trial court will usually confirm that you are voluntarily entering your plea and that you understand the rights you are waiving by your plea, including the right to later claim malicious prosecution.