There are cases when police officers end up laying charges on a person even though they don’t have strong evidence that the crime was committed by that specific person. This is called malicious prosecution. Police officers may try to go forward with malicious prosecution for a variety of reasons, including:
- Due to racial profiling
- Due to personal misunderstandings, they have with the victim
- Because of feeling threatened
- As a form of revenge for being disrespected
- In order to cover up their own misconduct
- In order to divert attention from the actual perpetrator
Filing charges and bringing forth criminal proceedings for the above reasons is completely unjustified on a legal level. Officers do have a lot of authority, but their authority is only applicable in honest situations. The moment they begin to use their authority in order to hurt others and in order to fulfill their own personal agendas, they can get under hot water with the law rather quickly.
Who can help me clear my name?
If a person has been maliciously prosecuted by a police officer, they are definitely going to require professional help to try and clear their name as soon as possible. The last thing anyone needs would be to have to face jail time and pay fines for a crime which they did not even commit. Not to mention have their record scarred permanently as well. In order to keep ones record clean and to avoid getting stuck paying dues which are completely unnecessary, they should connect with a police brutality lawyer in Marietta, GA.
In most cases, the best way to ensure that a person has their name cleared is by collecting and presenting as much evidence as possible in front of the court. If a person was arrested for a traffic charge which they did not commit they can collect eyewitnesses, security camera footage, and photos as well to prove that they did not violate any rules.
A person should also collect evidence which can prove that the police officer had a personal reason for trying to have them wrongfully arrested. This can include statements made by the officer, eyewitnesses, and audio or video recordings of encounters with the police officer.
The more pieces of evidence a person is able to present in court, the more chances a person has of clearing their name and having their charges lifted.
Can I receive compensation for being maliciously prosecuted by an officer?
Often, police officers carry out malicious prosecution because they want to cover up their own misconduct or because they want to avert attention from the real perpetrator. Both of these are serious crimes and can entitle the victim to gain financial compensation.
Victims of malicious prosecution are also often entitled to damages on behalf of the officer because of their time which was wasted and because of the embarrassment they had to endure during the entire process. The amount of financial compensation they can receive varies from case to case and a lawyer can provide a person with an estimation of how much they may be able to receive.