Arizona Complaint for Malicious Prosecution Involving Filing a False Police Report

State:
Multi-State
Control #:
US-02262BG
Format:
Word; 
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Description

The elements of a cause of action for malicious prosecution include the following: (1) the commencement or continuation of an original judicial action or proceeding, either civil or criminal, by, or at the instance of, the defendant, (2) malice in the commencement of such action or proceedings, (3) lack of probable cause for commencing the action or proceeding (4) termination of the original action or proceeding in favor of the defendant in that action or proceeding (plaintiff in the malicious prosecution action), and (5) injury or damage sustained as a result of the original action or proceeding.

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FAQ

A person who knowingly and intentionally makes a false report of child abuse or neglect knowing the report is false or a person who coerces another person to make a false report of child abuse or neglect knowing the report is false is guilty of a class 1 misdemeanor.

Perjury can have severe consequences for anyone involved, as it can undermine the integrity of the legal system and lead to wrongful convictions. It is important to tell the truth when testifying or providing information in a legal proceeding to avoid the potential legal and ethical consequences of committing perjury.

13-2907.01 - False reporting to law enforcement agencies; classification.

Common examples of Penal Code 148.5 PC filing a false report include: Report that a crime was committed when there was no crime. Giving false details of a criminal offense. Giving a false report of a theft crime or property damage.

In Arizona, ?[t]he elements of malicious prosecution are: (1) litigation instituted by defendant; (2) termination of proceedings in favor of the plaintiff; (3) absence of probable cause; and (4) presence of malice.?13 Arizona follows the majority ?rule that the pendency of an appeal precludes a malicious prosecution ...

Up to 6 months in jail. Up to $2500 in fines.

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Arizona Complaint for Malicious Prosecution Involving Filing a False Police Report