Legal Question in Criminal Law in Massachusetts

Malicious prosecution?

How would ''malicious prosecution'' be described?

Does not a DA have the obligation to drop charges if they are clearly bogus? And does not a DA also have the obligation to bring charges based on ''evidence'', not just an accusation?

How would one bring charges if it could be proven someone was maliciously prosecuted?

Is there a statute of limitations to bring a charge of malicious prosecution?

Asked on 9/19/07, 11:45 am

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)
0 users found helpful
0 attorneys agreed

: Malicious prosecution?

An accusation is evidence. The odds of being able to sue a DA for malicious prosecution are nearly zero. The person who you may be able to sue is the accuser, as a civil action in tort, with the usual limitation time being within 3 years of the triggering event.

If you have questions, contact me.

Read more
Answered on 9/19/07, 12:46 pm


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts


Looking for something else?

Get Free Legal Advice

88433 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Anthony SmithLawSmithLee's Summit, MO
Scott RiddleLaw Office of Scott B. Riddle, LLCAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now