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Proving Malicious Prosecution Evidence
Summary
To prove malicious prosecution in Pennsylvania, you need to show the defendant initiated a legal proceeding without probable cause, acted with malice, and the case ended in your favor, causing you damages. Evidence can include medical and financial records, witness testimony, and documentation of emotional distress. Filing a civil suit involves costs, but fee waivers or legal aid may be available. Criminal charges like perjury, forgery, and obstruction of justice can be pursued if false evidence was used. Presenting organized evidence and consulting legal aid can strengthen your case.Full Conversation
what would be evidence for malicious prosecution
Hi Cassie! In Pennsylvania, to prove malicious prosecution, you typically need to show:
- The defendant initiated a criminal or civil legal proceeding against you.
- The proceeding ended in your favor.
- The defendant acted without probable cause.
- The defendant acted with malice or an improper purpose.
- You suffered damages as a result.
Would you like more detailed information on any of these points?
- The defendant initiated a criminal or civil legal proceeding against you.
- The proceeding ended in your favor.
- The defendant acted without probable cause.
- The defendant acted with malice or an improper purpose.
- You suffered damages as a result.
Would you like more detailed information on any of these points?
would an individual forcing you to appear in court so they could slander your name using falsified documents qualify as malicious prosecution
Cassie, it could potentially qualify as malicious prosecution if you can prove the following:
- The case was initiated without probable cause.
- The purpose was to harm you.
- The case ended in your favor.
- You suffered damages.
Would you like to know more about gathering evidence for these points?
- The case was initiated without probable cause.
- The purpose was to harm you.
- The case ended in your favor.
- You suffered damages.
Would you like to know more about gathering evidence for these points?
how would you prove damages suffered
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To prove damages suffered in a malicious prosecution case, you can use:
- Medical records if you suffered physical or mental health issues.
- Financial records showing lost wages or expenses.
- Witness testimony confirming the impact on your reputation or business.
- Evidence of emotional distress.
Would you like more information on any specific type of evidence?
To prove damages suffered in a malicious prosecution case, you can use:
- Medical records if you suffered physical or mental health issues.
- Financial records showing lost wages or expenses.
- Witness testimony confirming the impact on your reputation or business.
- Evidence of emotional distress.
Would you like more information on any specific type of evidence?
how do you provide proof of emotional distress caused
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To prove emotional distress caused, you can provide:
- Medical records from mental health professionals (therapy sessions, psychiatric evaluations).
- Personal journals documenting your emotional state.
- Testimonies from friends, family, or colleagues about changes in your behavior.
- Prescription records for medications taken to manage anxiety or depression.
Would you like more information on any of these pieces of evidence?
To prove emotional distress caused, you can provide:
- Medical records from mental health professionals (therapy sessions, psychiatric evaluations).
- Personal journals documenting your emotional state.
- Testimonies from friends, family, or colleagues about changes in your behavior.
- Prescription records for medications taken to manage anxiety or depression.
Would you like more information on any of these pieces of evidence?
how to you prove someone casued you so much anxiety they were the reason you needed medication prescribed
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To prove that someone caused you anxiety which led to prescribed medication, you can:
- Provide medical records linking your anxiety to the incidents caused by the other person.
- Obtain a statement or testimony from your doctor or therapist.
- Show the timeline of events correlating the person's actions with your anxiety symptoms and subsequent medication.
Would you like more detailed guidance on gathering these types of evidence?
To prove that someone caused you anxiety which led to prescribed medication, you can:
- Provide medical records linking your anxiety to the incidents caused by the other person.
- Obtain a statement or testimony from your doctor or therapist.
- Show the timeline of events correlating the person's actions with your anxiety symptoms and subsequent medication.
Would you like more detailed guidance on gathering these types of evidence?
how much does it cost to file a civil suit for malicious prosecution, harrasment and libel/slander/defamation of character ?
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The cost to file a civil suit in Pennsylvania can vary. Generally, it includes:
- Filing fees: $* - $*, depending on the court and case complexity.
- Attorney fees: $* - $* per hour, or a contingency fee (a percentage of the settlement).
Would you like information on finding a lawyer or any other details?
The cost to file a civil suit in Pennsylvania can vary. Generally, it includes:
- Filing fees: $* - $*, depending on the court and case complexity.
- Attorney fees: $* - $* per hour, or a contingency fee (a percentage of the settlement).
Would you like information on finding a lawyer or any other details?
is there any way to have those fees dropped to file
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In Pennsylvania, there are a few ways to potentially reduce or waive court filing fees:
- In Forma Pauperis (IFP): If you cannot afford the filing fees, you can file a petition to proceed in forma pauperis (IFP). This means you are asking the court to waive the fees due to financial hardship.
- Legal Aid Services: Some organizations provide free legal assistance or help with court fees based on your income.
Would you like more information on how to file an IFP petition?
In Pennsylvania, there are a few ways to potentially reduce or waive court filing fees:
- In Forma Pauperis (IFP): If you cannot afford the filing fees, you can file a petition to proceed in forma pauperis (IFP). This means you are asking the court to waive the fees due to financial hardship.
- Legal Aid Services: Some organizations provide free legal assistance or help with court fees based on your income.
Would you like more information on how to file an IFP petition?
are there any legal aid services for civil matters
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Yes, in Pennsylvania, there are several legal aid services that can help with civil matters. Here are a few options:
- Philadelphia Legal Assistance: Provides free legal services to low-income residents.
- North Penn Legal Services: Offers assistance in civil cases, including family law, housing, and more.
- Community Legal Services (CLS): Helps with a variety of civil issues, especially for low-income individuals.
Would you like more detailed information on any of these services or how to contact them?
Yes, in Pennsylvania, there are several legal aid services that can help with civil matters. Here are a few options:
- Philadelphia Legal Assistance: Provides free legal services to low-income residents.
- North Penn Legal Services: Offers assistance in civil cases, including family law, housing, and more.
- Community Legal Services (CLS): Helps with a variety of civil issues, especially for low-income individuals.
Would you like more detailed information on any of these services or how to contact them?
yes
Case Rating: *
~Philadelphia Legal Assistance
Phone: (*) *-*
Website: www.philalegal.org
Phone: (*) *-*
Website: www.philalegal.org
~North Penn Legal Services
Phone: (*) *-*
Website: www.northpennlegal.org
Phone: (*) *-*
Website: www.northpennlegal.org
~Community Legal Services (CLS)
Phone: (*) *-*
Website: www.clsphila.org
Would you like more information on how to contact and apply for assistance from these services?
Phone: (*) *-*
Website: www.clsphila.org
Would you like more information on how to contact and apply for assistance from these services?
can this be used as evidence an individual knew they were using fake evidence in a court proceeding
Case Rating: *
This conversation does not directly provide proof that an individual knew they were using fake evidence in a court proceeding. However, the details discussed about malicious prosecution, including the use of falsified documents and the impact on the victim, could form part of the evidence needed to demonstrate malicious intent and the use of false evidence.
Would you like more detailed guidance on how to gather and present evidence for such a case?
This conversation does not directly provide proof that an individual knew they were using fake evidence in a court proceeding. However, the details discussed about malicious prosecution, including the use of falsified documents and the impact on the victim, could form part of the evidence needed to demonstrate malicious intent and the use of false evidence.
Would you like more detailed guidance on how to gather and present evidence for such a case?
yes
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
If yes, can you give me a bit more information about the issue?
Would you like to be connected to local lawyers who can better assist you with your case?
If yes, can you give me a bit more information about the issue?
yes, for background tianna sherry used fake messages in a custody hearing to slander me and paint me in a negative light to the judge in attempt to make dad lose some of his custodial time. that hearing was in november of * it came out yesterday that tianna sherry was made aware * or 4 days before the court date that the evidence she had intneded to use was fake messages
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case? If yes, could you provide me with your phone number, name, email address, and zipcode?
Would you like to be connected to local lawyers who can better assist you with your case? If yes, could you provide me with your phone number, name, email address, and zipcode?
* * * **** landes landescasper165@gmail.com *
Thank you for all the details. We will have a top rated lawyer in your area contact you shortly.
For your records below is the information I gathered
Name: Cassie Landes
Email: landescasper165@gmail.com
Phone: * * *
Zipcode: *
Reason: Tianna Sherry used fake messages in a custody hearing to slander me and paint me in a negative light to the judge in attempt to make dad lose some of his custodial time. that hearing was in November of * it came out yesterday that Tianna Sherry was made aware * or 4 days before the court date that the evidence she had intended to use was fake messages
From: FreeLawChatAi
Is there anything else I can help you with?
no
Case Rating: *
Thank you for providing the details. Based on your information, it appears you have a potentially strong case for malicious prosecution and defamation. A lawyer will reach out to you soon to assist further.
If you have any more questions or need further assistance, feel free to ask!
Thank you for providing the details. Based on your information, it appears you have a potentially strong case for malicious prosecution and defamation. A lawyer will reach out to you soon to assist further.
If you have any more questions or need further assistance, feel free to ask!
how would I file for a subpeana of tianna sherrys facebook messages with rylee riggs
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To file a subpoena for Tianna Sherry's Facebook messages with Rylee Riggs, you will need to:
- File a motion with the court requesting the subpoena.
- Provide a detailed explanation of why the messages are relevant to your case.
- The court will review your request and, if approved, issue the subpoena to Facebook.
Would you like guidance on how to draft the motion?
To file a subpoena for Tianna Sherry's Facebook messages with Rylee Riggs, you will need to:
- File a motion with the court requesting the subpoena.
- Provide a detailed explanation of why the messages are relevant to your case.
- The court will review your request and, if approved, issue the subpoena to Facebook.
Would you like guidance on how to draft the motion?
yes
Case Rating: *
To draft a motion for a subpoena, follow these steps:
- Title and Caption: Start with the court's name, case number, and parties involved.
- Introduction: Briefly state your request for a subpoena.
- Background: Explain the case details and why the messages are relevant.
- Legal Basis: Cite any legal grounds supporting your request.
- Request: Clearly state what you seek (e.g., specific messages between Tianna Sherry and Rylee Riggs).
- Conclusion: Summarize and request the court's approval.
Would you like a sample template for this motion?
To draft a motion for a subpoena, follow these steps:
- Title and Caption: Start with the court's name, case number, and parties involved.
- Introduction: Briefly state your request for a subpoena.
- Background: Explain the case details and why the messages are relevant.
- Legal Basis: Cite any legal grounds supporting your request.
- Request: Clearly state what you seek (e.g., specific messages between Tianna Sherry and Rylee Riggs).
- Conclusion: Summarize and request the court's approval.
Would you like a sample template for this motion?
yes
Case Rating: *
Sure, here's a simple template for drafting a motion to subpoena:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
[Your Email Address]
[Date]
[Court's Name]
[Court's Address]
[City, State, ZIP Code]
Re: [Your Case Name]
Case No: [Your Case Number]
Title: Motion to Subpoena Facebook Messages
Introduction:
I, [Your Name], respectfully request the court to issue a subpoena for Facebook messages between Tianna Sherry and Rylee Riggs.
Background:
In the custody hearing held in November *, Tianna Sherry presented fake messages to slander me and negatively influence the judge. It has come to light that she was aware of the false nature of these messages prior to their presentation.
Legal Basis:
This request is made under [applicable legal statutes/rules], which allows the court to issue subpoenas for relevant evidence.
Request:
I seek the court's approval to subpoena Facebook for messages between Tianna Sherry and Rylee Riggs, which are crucial to proving the falsehood and malicious intent behind the evidence used against me.
Conclusion:
For the reasons stated above, I respectfully request the court to grant this motion and issue the subpoena.
[Your Signature]
[Your Printed Name]
---
Would you like any additional information or assistance?
Sure, here's a simple template for drafting a motion to subpoena:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
[Your Email Address]
[Date]
[Court's Name]
[Court's Address]
[City, State, ZIP Code]
Re: [Your Case Name]
Case No: [Your Case Number]
Title: Motion to Subpoena Facebook Messages
Introduction:
I, [Your Name], respectfully request the court to issue a subpoena for Facebook messages between Tianna Sherry and Rylee Riggs.
Background:
In the custody hearing held in November *, Tianna Sherry presented fake messages to slander me and negatively influence the judge. It has come to light that she was aware of the false nature of these messages prior to their presentation.
Legal Basis:
This request is made under [applicable legal statutes/rules], which allows the court to issue subpoenas for relevant evidence.
Request:
I seek the court's approval to subpoena Facebook for messages between Tianna Sherry and Rylee Riggs, which are crucial to proving the falsehood and malicious intent behind the evidence used against me.
Conclusion:
For the reasons stated above, I respectfully request the court to grant this motion and issue the subpoena.
[Your Signature]
[Your Printed Name]
---
Would you like any additional information or assistance?
the specific messages that would need subpeanoed from facebook would be for the month ov=f november in its entirety
Case Rating: *
To include the specific timeframe in your motion, you can modify the request section as follows:
---
Request:
I seek the court's approval to subpoena Facebook for messages between Tianna Sherry and Rylee Riggs for the entire month of November *. These messages are crucial to proving the falsehood and malicious intent behind the evidence used against me.
---
Would you need assistance with anything else?
To include the specific timeframe in your motion, you can modify the request section as follows:
---
Request:
I seek the court's approval to subpoena Facebook for messages between Tianna Sherry and Rylee Riggs for the entire month of November *. These messages are crucial to proving the falsehood and malicious intent behind the evidence used against me.
---
Would you need assistance with anything else?
yes are there any criminal charges that can be saught?
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Yes, there are potential criminal charges that can be sought, including:
- Perjury: If Tianna Sherry knowingly provided false statements under oath.
- Forgery: If she created or used falsified documents.
- Obstruction of Justice: If her actions interfered with the court's proceedings.
Would you like more detailed information on pursuing these charges?
Yes, there are potential criminal charges that can be sought, including:
- Perjury: If Tianna Sherry knowingly provided false statements under oath.
- Forgery: If she created or used falsified documents.
- Obstruction of Justice: If her actions interfered with the court's proceedings.
Would you like more detailed information on pursuing these charges?
can I persue charges only against tianna sherry or would I have to go after the person who provided her those fake messages as well
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You can pursue charges against Tianna Sherry for perjury, forgery, and obstruction of justice. You may also consider pursuing charges against the individual who provided the fake messages if they were complicit in the deception. Would you like more detailed guidance on how to proceed with these charges?
You can pursue charges against Tianna Sherry for perjury, forgery, and obstruction of justice. You may also consider pursuing charges against the individual who provided the fake messages if they were complicit in the deception. Would you like more detailed guidance on how to proceed with these charges?
yes
Case Rating: *
To proceed with pursuing criminal charges against Tianna Sherry and potentially the individual who provided the fake messages, you should:
*. Report to Law Enforcement: File a police report detailing the fraudulent activities and provide any available evidence.
*. Consult with a Prosecutor: Discuss the case with the district attorney to understand the feasibility of pursuing charges.
*. Provide Evidence: Ensure you have all necessary documentation, including witness statements, false messages, and any proof of malicious intent.
Would you need assistance in finding a local prosecutor or law enforcement office?
To proceed with pursuing criminal charges against Tianna Sherry and potentially the individual who provided the fake messages, you should:
*. Report to Law Enforcement: File a police report detailing the fraudulent activities and provide any available evidence.
*. Consult with a Prosecutor: Discuss the case with the district attorney to understand the feasibility of pursuing charges.
*. Provide Evidence: Ensure you have all necessary documentation, including witness statements, false messages, and any proof of malicious intent.
Would you need assistance in finding a local prosecutor or law enforcement office?
please cite the actual criminal codes for perjury forgery and obstruction of justice and how they apply
Case Rating: *
Certainly! Here are the relevant Pennsylvania criminal codes and how they apply:
- Perjury (* Pa. C.S. § *)
- Definition: Making a false statement under oath or affirmation in an official proceeding.
- Application: If Tianna Sherry knowingly made false statements during the custody hearing.
- Forgery (* Pa. C.S. § *)
- Definition: Altering, making, issuing, or using any writing with the intent to defraud.
- Application: If Tianna Sherry created or used falsified documents/messages in court.
- Obstruction of Justice (* Pa. C.S. § *)
- Definition: Intentionally obstructing, impairing or perverting the administration of law.
- Application: If Tianna Sherry's actions interfered with the legal proceedings.
Would you need any further details on these codes?
Certainly! Here are the relevant Pennsylvania criminal codes and how they apply:
- Perjury (* Pa. C.S. § *)
- Definition: Making a false statement under oath or affirmation in an official proceeding.
- Application: If Tianna Sherry knowingly made false statements during the custody hearing.
- Forgery (* Pa. C.S. § *)
- Definition: Altering, making, issuing, or using any writing with the intent to defraud.
- Application: If Tianna Sherry created or used falsified documents/messages in court.
- Obstruction of Justice (* Pa. C.S. § *)
- Definition: Intentionally obstructing, impairing or perverting the administration of law.
- Application: If Tianna Sherry's actions interfered with the legal proceedings.
Would you need any further details on these codes?
how do I ensure police do not claim this is a civil matter because all these incidents were stemming from a civil child custody case
Case Rating: *
To ensure police do not claim this is a civil matter, emphasize the criminal aspects:
- Highlight Criminal Acts: Clearly state the instances of perjury, forgery, and obstruction of justice.
- Provide Evidence: Present any concrete evidence that demonstrates these criminal acts.
- Consult with a Lawyer: Seek legal advice to better articulate the criminal nature of the case when reporting to the police.
Would you like assistance in finding a lawyer to help you present your case effectively?
To ensure police do not claim this is a civil matter, emphasize the criminal aspects:
- Highlight Criminal Acts: Clearly state the instances of perjury, forgery, and obstruction of justice.
- Provide Evidence: Present any concrete evidence that demonstrates these criminal acts.
- Consult with a Lawyer: Seek legal advice to better articulate the criminal nature of the case when reporting to the police.
Would you like assistance in finding a lawyer to help you present your case effectively?
no
Case Rating: *
Would you like guidance on how to present your evidence effectively to the police or any other assistance?
Would you like guidance on how to present your evidence effectively to the police or any other assistance?
yes
Case Rating: *
To present your evidence effectively to the police:
- Organize Documentation: Arrange your evidence in a clear, chronological order.
- Prepare a Statement: Write a detailed account of the incidents, focusing on criminal acts.
- Gather Witnesses: Have witnesses ready to testify about the false evidence and its impact.
- Consult Legal Aid: Seek advice from a legal aid service to strengthen your case presentation.
Would you need help with anything else?
To present your evidence effectively to the police:
- Organize Documentation: Arrange your evidence in a clear, chronological order.
- Prepare a Statement: Write a detailed account of the incidents, focusing on criminal acts.
- Gather Witnesses: Have witnesses ready to testify about the false evidence and its impact.
- Consult Legal Aid: Seek advice from a legal aid service to strengthen your case presentation.
Would you need help with anything else?
cite the criminal code for using documents you knew to be false in a legal proceeding to sway a public officals opinion
Case Rating: *
Certainly! In Pennsylvania, the relevant criminal code for using documents you knew to be false in a legal proceeding to sway a public official's opinion is:
- Tampering with Public Records or Information (* Pa. C.S. § *)
- Definition: Knowingly making, presenting, or using any record, document, or thing with knowledge of its falsity with the intent to deceive a public servant in the performance of their official functions.
Would you like more details on how this applies to your case?
Certainly! In Pennsylvania, the relevant criminal code for using documents you knew to be false in a legal proceeding to sway a public official's opinion is:
- Tampering with Public Records or Information (* Pa. C.S. § *)
- Definition: Knowingly making, presenting, or using any record, document, or thing with knowledge of its falsity with the intent to deceive a public servant in the performance of their official functions.
Would you like more details on how this applies to your case?
does this apply in this case
Case Rating: *
Yes, it appears that * Pa. C.S. § * (Tampering with Public Records or Information) could apply in your case if Tianna Sherry knowingly used false documents to influence the judge's decision in a legal proceeding. This action could be seen as an attempt to deceive a public servant (the judge). Would you like guidance on how to proceed with this information?
Yes, it appears that * Pa. C.S. § * (Tampering with Public Records or Information) could apply in your case if Tianna Sherry knowingly used false documents to influence the judge's decision in a legal proceeding. This action could be seen as an attempt to deceive a public servant (the judge). Would you like guidance on how to proceed with this information?
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