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)

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

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