The prosecutor admits: "We’re dropping the charges." A gavel slams. Relief floods the courtroom.
It’s an image the JPS Law team has seen far too often. But days and weeks later, the damage can still remain—including lost wages, shattered reputation, and the shadow of an arrest record.
Sometimes, dropped charges reveal a darker intent: malicious prosecution. In Kentucky, a dismissal or dropped charges isn’t always the end. When prosecutors or police weaponize the law to silence or punish you, at JPS Law, we demand accountability for our clients. Here’s how Kentucky law empowers you to fight back.
Contact us day or night to reclaim your rights.
What Is Malicious Prosecution?
Malicious prosecution occurs when officials pursue criminal charges without probable cause, driven by improper motives (retaliation, discrimination, or outright malice).
Thanks to the landmark Supreme Court ruling in Thompson v. Clark (2022), dropped or dismissed charges now satisfy a critical legal requirement: "favorable termination."
In Kentucky, proving malicious prosecution demands:
1. Favorable Termination: Dismissals, acquittals, or dropped charges.
2. Lack of Probable Cause: Evidence the prosecutor or police knew the case was baseless (if the prosecution or law enforcement ignored exculpatory video, coerced witnesses, forged evidence).
3. Malice: Proof of intent to harm—not just recklessness on behalf of the prosecution (if a prosecutor or police officer had something to gain, etc).
Prosecutors enjoy broad immunity under Kentucky law—but not when they
fabricate evidence, coerce witnesses (violating
KRS 523.030,
KRS 524.100), or
withhold exculpatory proof.
Police face fewer barriers. If an officer lied in the warrant affidavit; violated your rights; searched you without consent or a warrant; or arrested you without evidence, they can be sued personally.
If your rights were violated, Kentucky law may owe you compensation for:
- Attorney fees
- Emotional distress
- Punitive damages
Your Action Plan for a Dropped Charges Lawsuit
If your Kentucky charges were dropped, time is critical to prepare a malicious prosecution countercharge. We recommend you:
1. Preserve Every Record
- Request and save bodycam/security footage.
- Obtain and reference police reports, witness contacts, and any dismissal orders.
- Create documentation of any damages (lost jobs, medical bills).
2. Use Your Right To Remain Silent
- Never apologize or admit fault to authorities.
- Instead, say: "I will not speak without my attorney."
3. Act Before Kentucky’s Deadline
- You have 1 YEAR from the dismissal date to file suit (KRS 413.140).
Facing the Fallout of Dropped Charges? Contact JPS Law, Your Criminal Defense Lawyer and Law Firm
A dropped case might feel like victory—but if the system abused you, justice isn’t served until you receive restitution. At JPS Law, we take apart misconduct and hold those in power accountable.
Contact JPS Law today for a free consultation on your case.
Disclaimer:
This blog provides general information and discussion about legal topics. The information herein should not be construed as legal advice. Readers should not act upon this information without seeking professional counsel from JPS Law.
