Legal Question in Criminal Law in New York
malicious prosecution
I was charged with contempt of court of court for violating a restraining order. On first appearance I maintained that the order was not valid and that the DA knew it was not valid, but was attempting to prosecute me. The claimed the order was valid. It took me 7 months, but I won and the case was dismissed. Can I now sue the DA for malicious prosecution since I proved my case.
2 Answers from Attorneys
Re: malicious prosecution
Prosecutor's usually have a prosecutorial immunity from lawsuits. Nevertheless you should speak to a lawyer. There are rare exceptions when prosecutor's behavior is far too much (think Mike Nifong in the Duke lacrosse rape (non-rape) case.)
If you want to discuss the particulars of your matter with us, Please contact me through the links below.
Good luck and congratulations on your acquittal.
Re: malicious prosecution
Prosecutor's usually have a prosecutorial immunity from lawsuits. Nevertheless you should speak to a lawyer. There are rare exceptions when prosecutor's behavior is far too much (think Mike Nifong in the Duke lacrosse rape (non-rape) case.)
If you want to discuss the particulars of your matter with us, Please contact me through the links below.
Good luck and congratulations on your acquittal.
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