Prosecutors in New Mexico and throughout the country might refrain from trying cases unless there is sufficient evidence to do so. However, there are instances in which a prosecutor may try a case in an effort to intimidate or harass an opponent. Large companies have also been known to file lawsuits against small companies simply to put financial pressure on them. If you are victim of malicious prosecution, you may be entitled to a financial award.
How to obtain compensation for malicious prosecution
To obtain damages for malicious prosecution related to a civil or criminal case, you must be able to show that there was no probable cause to pursue the matter. Furthermore, you must be able to show that the plaintiff in the original case acted with willful malice when doing so. If your claim is related to a civil matter, it may be necessary to show that you experienced direct harm as a result of another party’s actions.
The types of damages you may be entitled to
You may be entitled to claim both compensatory and punitive damages in a malicious prosecution case. Compensatory damages include the cost of childcare while you were in custody or lost earnings as a result of spending time in jail. You could also be entitled to compensation for the emotional distress related to being charged with a crime or spending time in jail.
A settlement or jury award may include compensation for lost future earnings caused by damage done to your personal or professional reputation. Attorney fees, court costs and other miscellaneous expenses could also be added to any award that you receive.
If you have been charged with a crime or named as a defendant in a civil suit, it may be a good idea to hire an attorney. A legal professional may be able to help you get criminal or civil cases dismissed in a timely manner. After a case is dismissed, it may be possible to file legal action against those who unfairly targeted you.