Under South Carolina law, a person who has been the subject of criminal prosecution without probable cause may have a civil cause of action against the person or entity that instituted the proceedings. Malicious prosecution is the institution or continuation of a legal proceeding with malice and without probable cause. Abuse of process is the employment of legal process for some purpose other than which it was intended by law to effect. Being wrongfully accused of a crime or forced to defend a frivolous prosecution can result in damages such as injury to reputation, humiliation, embarrassment, and attorney’s fees. If you have been a victim of malicious prosecution or abuse of process, contact us to discuss the legal options available to you.
Malicious Prosecution and Abuse of Process