If a person was prosecuted by an officer without any valid reason then they have grounds to file a malicious prosecution case in Fort Myers, Florida. Malicious prosecution basically entails that an officer wrongly arrested an individual for no real reason. This is a violation of the Fourteenth Amendment and violates the right to liberty that every person has. In order to win a malicious prosecution case, it is necessary that the victim of the officer proves four integral points
- It was the officer who initiated the criminal proceeding
- The victim won the proceeding as there was no valid proof against them
- There was no real or valid cause for the officer to have prosecuted the individual
- The officer had a reason to want to act maliciously towards the victim
The most important point which has to be proven is that the officer acted out of malice and that the victim was completely innocent. Sometimes, an officer may be let off the hook even if the victim was innocent but the officer had reason to believe they were acting suspiciously.
What should I do if an officer prosecutes me for no reason?
Victims of malicious prosecution should get in touch with a police brutality lawyer in Fort Myers, Florida as soon as they can. A police brutality lawyer will be able to defend them appropriately in court and present all the pieces of evidence which point to the fact that the officer had indeed acted maliciously.
The court takes such cases very seriously because of how much of their time is wasted dealing with them. If an officer is caught for falsely prosecuting an individual then they will most likely have to face legal penalties. However, aside from holding the officer to account, a malicious prosecution case is also a possible way for a victim to clear their name completely and also to try and get compensation for their time which was wasted. If a person missed very important workdays or lost opportunities because of the days in which they had to deal with the false accusations they can claim damages in court.
In some cases, a person is guilty of committing a crime but during their court session, they get accused of multiple other crimes which they were not responsible for alongside their actual crime. If this is the case they need a criminal defense lawyer to help them clear their name and to help them decrease their penalties.
No one should have to pay dues for a crime which they did not commit. Unfortunately, when individuals do not have the correct legal help they often end up taking the blame for the crimes of others. Not only does this lead to them being penalized, but it also adds more to their criminal record and this can result in them missing out on future job opportunities or even opportunities to study. Hiring the right help is definitely worth the investment especially when it comes to cases of false accusations and malicious prosecution by an officer.