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?
1 Answer from Attorneys
: 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.
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