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Malicious Prosecution attorney in Austin Texas

Texas Malicious Prosecution Lawyer

When prosecutors bring charges without probable cause and with malicious intent, victims can pursue civil rights claims for malicious prosecution.

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How We Help Malicious Prosecution Victims

When you’ve been injured in a malicious prosecution incident, you need a malicious prosecution attorney who understands the unique challenges of your case. As one of the top malicious prosecution law firms in Texas, Medina & Medina has extensive experience handling these claims and knows what it takes to get you the compensation you deserve. Our experienced malicious prosecution lawyers offer a free consultation and charge no fee unless we win.

What We Do For You

  • Investigate your case thoroughly to establish liability
  • Gather evidence including medical records, witness statements, and expert opinions
  • Negotiate diligently with insurance companies on your behalf
  • Take your case to trial if necessary to get you fair compensation

Why Clients Choose Medina & Medina

Our malicious prosecution attorneys have extensive experience handling these cases across Texas, including Austin, Round Rock, Cedar Park, Georgetown, and beyond. As an experienced malicious prosecution law firm, we offer free consultations, bilingual representation, and charge no fee unless we win your case. If you are looking for the best malicious prosecution lawyer in Texas, Medina & Medina gives every case personalized attention because we believe every client deserves an attorney who fights for the right outcome.

Common Causes

  • Officers fabricating evidence to support criminal charges
  • Prosecutors pursuing charges they know lack evidentiary support
  • Retaliatory prosecution after a citizen files a complaint against police
  • Continued prosecution after exculpatory evidence emerges
  • Charges based on coerced or fabricated witness statements
  • Using the criminal justice system to harass or intimidate individuals

Typical Injuries

  • Extended pretrial incarceration for charges that are ultimately dismissed
  • Severe emotional distress and anxiety throughout the prosecution
  • Substantial legal defense fees and costs
  • Loss of employment, housing, and financial stability
  • Damage to reputation within the community
  • Ongoing psychological harm from the wrongful prosecution experience

How We Prove Liability

Malicious prosecution claims require proving four elements, that the prosecution was initiated without probable cause, that it was motivated by malice or an improper purpose, that it terminated in the plaintiff favor, and that the plaintiff suffered damages as a result. Body camera footage, internal communications, and evidence of the officer or prosecutor knowledge of the facts at the time charges were filed are essential to proving these elements. When officers provide false information in arrest affidavits or suppress exculpatory evidence, liability becomes stronger.

Texas Legal Framework

Malicious prosecution is recognized as both a state common law tort in Texas and a Fourth Amendment violation actionable under 42 U.S.C. Section 1983 following the Supreme Court decision in Thompson v. Clark. The Texas two year statute of limitations begins when the criminal proceeding terminates in the plaintiff favor. Texas courts require that the plaintiff demonstrate the prosecution lacked probable cause and was motivated by malice, which can be inferred from the circumstances under Texas common law.

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Frequently Asked Questions

At Medina & Medina, we work on a contingency fee basis. This means you pay nothing upfront and no fees unless we win your case. Our fee is a percentage of your recovery.

In Texas, you generally have two years from the date of your injury to file a personal injury lawsuit. However, there are exceptions that may shorten or extend this deadline, so it’s important to consult with an attorney as soon as possible.

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and in some cases, punitive damages. The amount depends on the specific circumstances of your case.

While you’re not required to have a lawyer, having experienced legal representation typically results in higher settlements. Insurance companies have teams of lawyers working for them, and you deserve someone advocating for your interests too.

Compensation depends on the severity of your injuries, medical expenses, lost wages, and impact on your life. Contact Medina & Medina for a free evaluation of your case.

Helpful evidence includes police reports, medical records, photos of the scene, witness statements, and insurance information. Our team will help you gather all necessary documentation.

Injured? Talk to a Malicious Prosecution Attorney Today.

Don’t wait to get legal help. Contact our malicious prosecution lawyers today for a free consultation. We charge no fee unless we win your case.