Charleston Malicious Prosecution & Abuse of Process Lawyers
Under South Carolina law, a person who has been the subject of criminal prosecution without probable cause or a baseless lawsuit may have a civil cause of action against the person or entity that instituted the proceedings. Being wrongfully accused of a crime or forced to defend a frivolous lawsuit can result in damages such as attorney’s fees and missed time from work, as well as humiliation and embarrassment.
To establish a malicious prosecution case in South Carolina, the facts of your case must satisfy the following six prongs: (1) institution or continuation of original judicial proceedings, either civil or criminal; (2) by, or at the insistence of, the defendant; (3) termination of such proceeding in plaintiff’s favor; (4) malice in instituting such proceedings; (5) lack of probable cause, and (6) resulting injury or damage.
Abuse of Process
To establish an abuse of process case in South Carolina, the facts of your case must show that the other party instituted a proceeding against you with an ulterior motive and improper purpose.
Consult with Malicious Prosecution & Abuse of Process Attorney in Charleston
If you believe someone has wrongfully brought criminal charges or civil action against you, it is important that you retain an attorney early in the process to investigate and to help you navigate through the legal process. The team at Clawson and Staubes, LLC: Injury Group has handled these types of cases and has the experience necessary to advise you throughout the process and assist you in seeking recovery. To speak with an attorney at Clawson and Staubes, LLC: Injury Group about the particulars of your claim, please call us at (843) 720-0810 today.The inclusion of specific practice areas on the Clawson & Staubes: Injury Group website is informational in nature and is not an exhaustive listing of the areas of law in which the attorneys at Clawson and Staubes practice. Nothing contained in this website is intended to compare the type or quality of our services to the type or quality of any other lawyer or law firm’s services or to imply specialization or certification by any organization not previously approved by the South Carolina or North Carolina State Bar Board of Legal Specialization.