Contract Fraud Estate State
Practice Areas
Location

Las Vegas, Nevada

8965 South Eastern Ave. Suite 260

Las Vegas, Nevada 89123

Phone: (702) 614-0600

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Lead Attorney

Robert Atkinson

Mr. Atkinson is highly experienced in commercial litigation. For more information click here

Resources

Malicious Prosecution

Malicious Prosecution occurs when the State falsely and maliciously files a criminal action against a person.

The elements of a malicious prosecution claim are:

  1. A prior criminal action filed against the plaintiff;
  2. A lack of probable cause to commence that criminal action;
  3. Malice, which may be evidenced by proof of the lack of probably cause;
  4. Favorable termination of the prior criminal action; and
  5. Damages.

Jordan v. State ex rel. Dep’t of Motor Vehicles & Pub. Safety, 110 P.3d 30, 48 (Nev. 2005).