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  • Talk to a malicious prosecution lawyer before you accept that plea deal to dismiss your case.

Talk to a malicious prosecution lawyer before you accept that plea deal to dismiss your case.

If you bring a claim for malicious or baseless prosecution against the police or prosecutors, you usually have to show what the courts call an affirmative indication of your innocence.

Well not anymore.  In Thompson v. Clark 20-659, the U.S. Supreme Court decided on April 4, 2022, that forcing a malicious prosecution claimant to show that the lower trial court “affirmed” their innocence was no longer the law.  Rather, all that is required is to show that your prosecution ended without a conviction.

So even though accepting a deal to dismiss your case ends the trial, it doesn’t show your case ended without a conviction, which you now need to prove your malicious prosecution claim.

This is a welcome movement in reversing what most know to be an illogical requirement in winning these types of cases.

Note however, that many lawyers are adopting a wait and see approach, as there are other hurdles that can still be raised in malicious prosecution claims.