2006-10-27 00:04:00 · 6 answers · asked by Taz 1 in Politics & Government ➔ Law & Ethics
I do not believe it is illegal unless there is other misconduct such as suborning perjury or intentionally falsifying evidence. It is instead an ethics violation which can by challenged before the State Bar Association and can result in disbarment of the attorney of record.
2006-10-27 00:17:20 · answer #1 · answered by Bryan 7 · 0⤊ 0⤋
No. It is not a felony because it is not a criminal charge. You bring civil charges against an individual for malicious prosecution. In a civil suit, you don't get jail time. Hence, it cannot be a felony (criminal and punishable by 1 or more years in jail).
Here is the legal definition.
2006-10-27 03:20:47 · answer #2 · answered by Zelda 6 · 0⤊ 0⤋
I'm not a lawyer, but I was accused of "malicious prosecution" by a law firm! They in fact were maliciously prosecuting me, thinking that I'll lay down and play dead... Instead, I went after every possible remedy and even filed a ethics complaint against them!
2006-10-27 03:13:21 · answer #3 · answered by ••Mott•• 6 · 0⤊ 0⤋
Malicious prosecution definitely should be. Proving malicious prosecution is very hard, all the DA has to say is he believed in his evidence, and he is in the clear.
2006-10-27 00:14:01 · answer #4 · answered by Anonymous · 1⤊ 1⤋
Yes
2006-10-27 00:11:37 · answer #5 · answered by Anonymous · 0⤊ 1⤋
yes.
2006-10-27 00:11:44 · answer #6 · answered by nellie 3 · 0⤊ 1⤋