By Kawan Lovelace | Civil Rights Attorney | Former NYPD Detective & Bronx Prosecutor | Lovelace Law PLLC, Long Island City, NY | Admitted in New York State
As a malicious prosecution attorney NYC clients rely on, I want you to know: the end of your criminal case may be the beginning of your civil case. If your charges were dropped, dismissed, or you were acquitted — many people assume that is the end of it. It is not.
What Is Malicious Prosecution in New York?
Malicious prosecution occurs when law enforcement or prosecutors initiate or continue criminal charges against you without probable cause and with malicious intent — and those charges are ultimately terminated in your favor.
To win a malicious prosecution claim in New York you must show:
- Criminal proceedings were initiated or continued against you
- There was no probable cause for the prosecution
- The prosecution was motivated by malice or improper purpose
- The proceedings terminated in your favor — dismissal, acquittal, or ACD
Malicious Prosecution Attorney NYC: False Arrest vs. Malicious Prosecution
These are two separate claims — and in many cases both apply.
- False arrest focuses on the arrest itself. Were you detained without probable cause?
- Malicious prosecution focuses on what happened after the arrest. Were charges filed and pursued without probable cause?
This claim ripens when the prosecution ends in your favor. Filing both claims where applicable maximizes your recovery.
Why Former Prosecutors and Detectives See These Cases Differently
As both a former NYPD detective and a former Bronx prosecutor, Kawan Lovelace has sat on both sides of the criminal justice system. He has seen how arrests get made, how charges get filed, and — critically — how cases get pursued even when the evidence does not support them. That inside knowledge is invaluable in malicious prosecution cases, where the entire claim turns on whether there was real probable cause to charge you in the first place.
The 90-Day Deadline for Malicious Prosecution Is Different
This is one of the most important things to understand about malicious prosecution claims.
For false arrest claims, the 90-day Notice of Claim deadline starts from the date of the arrest. For malicious prosecution claims, the 90-day Notice of Claim deadline starts from the date your case is dismissed or terminated in your favor.
Even if you were arrested a year ago — if your case was just dismissed last week, you may still have 90 days to file. Do not assume it is too late without speaking to a malicious prosecution attorney NYC victims trust first.
Additional deadlines:
- 3 years for federal Section 1983 claims — no Notice of Claim required
- 1 year and 90 days to file state claims in Supreme Court
What Damages Can You Recover?
A successful malicious prosecution claim can result in compensation for lost wages, emotional distress, reputational damage, legal fees spent defending yourself, and punitive damages in egregious cases. Under Section 1983, if you prevail on your federal claim the court may also require the defendant to pay your attorney fees.
Frequently Asked Questions
Can I sue if my case was adjourned in contemplation of dismissal (ACD)? Yes. An ACD that results in full dismissal is generally considered a favorable termination and may support a malicious prosecution claim.
What damages can I recover for malicious prosecution? Lost wages, emotional distress, reputational damage, legal fees spent defending yourself, and punitive damages in egregious cases.
Who is Kawan Lovelace? Kawan Lovelace is a civil rights attorney, former NYPD detective, and former Bronx prosecutor admitted in New York State. He founded Lovelace Law PLLC in 2021 and represents victims of malicious prosecution and false arrest across New York City.
Contact Lovelace Law PLLC
Kawan Lovelace | Malicious Prosecution Attorney NYC | Lovelace Law PLLC 28-07 Jackson Ave, Long Island City, NY 11101 📞 (718) 662-8265 | lovelacelaw.net Free consultation. No fees unless we win.
