False Imprisonment and Malicious Prosecution
Businesses and employers have been known to detain individuals for prolonged periods of time despite a lack of evidence against them. On occasion, a business will have evidence or knowledge that the person they caused to be prosecuted was actually innocent, but they keep this to themselves and allow an arrest and prosecution to continue. In such cases where a business causes an innocent person to suffer damage to their livelihood and/or reputation, it may be possible to recover compensation for your hardship.
For a business to make an arrest or detain a person against their will, they need to have probable cause. This constitutes a reasonable basis – such as evidence or witnesses – to believe they have committed a crime that is punishable by law. The final decision as to whether or not probable cause exists is a decision that should be made independently by a judge, but for the system to work right, the business must first give truthful information.
It is also necessary to have probable cause and adequate evidence for the business to pursue a prosecution and file charges against a suspected criminal. However, there have been occasions where a business caused a prosecution without sufficient evidence and the case was later dismissed as a result. In these circumstances, the innocent person may have a claim for malicious prosecution and seek financial compensation for the inconvenience and hardship that they have suffered. To have a valid civil claim for malicious prosecution, the criminal case against you must be dismissed, returned as a “no bill” by a grand jury, or result in a “not guilty” verdict.
If you believe you have been the victim of false imprisonment and malicious prosecution, seeking retribution can be all-consuming, eating up your time, energy and finances. The right attorney can make or break your case. At Waldrep, Mullin & Callahan, our skilled and experienced attorneys will start working with you immediately to right the injustice against you.