Legal Question in Criminal Law in California

Re: malicious prosecution

It is almost impossible to prove malicious prosecution, so I would advise you to contact a civil lawyer in your area, and let them properly advise you properly, or submit your question to civil trial lawyers rather than criminal lawyers.

Re: malicious prosecution

You need to prove both that you are actually innocent and that the prosecutor either knew this when charges were filed or found out as the case went on but continued prosecuting you anyway. If he found out and then promptly dismissed the charges against you because of it, the prosecution was not malicious.

Malicious prosecution rarely happens and, when it does, is very hard to prove. If you think you can win just because the charges were dropped, think again.