What documents must i have in order to prove malicious prosecution?

Asked over 1 year ago - Hollywood, FL

i was falsely accused and incarcerated, i was in jail for 2yrs and still prosecuted after the arresting officer openly admitted in court, that he had lost all the evidence. for the record the officer never logged in any evidence and he failed to do an incident report regarding the loss of evidence. he never had any evidence and the prosecutor (state) knew it and they still prosecuted me. fortunately i was aquitted. now what documents must i have?

Attorney answers (2)

  1. Daniel Nelson Deasy

    Contributor Level 20

    3

    Lawyers agree

    Answered . Sit down witha local civil rights atttorney to see if you have a case. In all of my career, I have never seen a case for malicious prosecution succeed. I can tell you that due to the immunity prosecutors and police officer generally have as it relates to those accused of crime, I do not believe you have any chance of prevailing here. To be sure, however, one way or another, you need to check with the attorney in Florida as to whether that state has any special remedies available.

    I am so sorry for your circumstances.

    Best of luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  2. Wendy Ha Chau

    Contributor Level 13

    2

    Lawyers agree

    Answered . Do not disclose anymore information. You should definitely consult with your local area Civil Rights Attorney in Florida for free consultation to see if you have a potential case. You might have a case because you have damages. You might have issues with immunity or statute of limitation to file against government entity (it's different in each state) and your attorney would need more information than what you just disclosed.

    Please do not disclose anymore information and talk to an attorney for free consultation.

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