When Someone Used the Legal System Against You, We Take It Back to Court

Being on the receiving end of a baseless lawsuit or a prosecution someone knew had no merit is its own kind of injury. The legal system was turned into a weapon against you — and Colorado law provides a path to hold the person who pulled the trigger accountable. At The Fields Group, we represent individuals and businesses pursuing malicious prosecution claims throughout Colorado, backed by 36 years of litigation and trial experience.

What Malicious Prosecution Actually Means Under Colorado Law

Malicious prosecution is not simply losing a lawsuit or being acquitted of charges. It is a specific civil claim that arises when someone initiated legal proceedings against you without probable cause, with malicious intent, and the proceedings ultimately resolved in your favor. Colorado courts require each of these elements to be present, and the burden of proof sits with the plaintiff bringing the claim — which is you.

 

The claim can arise from both criminal and civil proceedings. If a business competitor filed a groundless lawsuit to drain your resources, or if a former employer pressed charges they knew were unfounded, those facts may support a malicious prosecution action. The key is that the underlying case must have concluded in your favor before this claim can move forward.

The Elements Colorado Courts Require You to Prove

To succeed on a malicious prosecution claim in Colorado, you must establish each of the following:

 

  • The defendant initiated or actively participated in a prior legal proceeding against you
  • The proceeding was brought without probable cause — meaning no reasonable basis existed to support it
  • The defendant acted with malice or an improper purpose in bringing the claim
  • The prior proceeding terminated in your favor, whether by dismissal, acquittal, or judgment
  • You suffered actual damages as a result of being subjected to that proceeding

 

Each element requires evidence. Courts look at what the opposing party knew at the time they filed, what their actual motivation was, and how the underlying case ended. This is not a simple checklist — it is a fact-intensive analysis that requires an attorney who knows how to build and argue a civil litigation case at trial.

What Damages You May Be Entitled to Recover

A successful malicious prosecution claim can recover compensation for the real harm these proceedings cause. Those damages typically include:

 

  • Attorney fees and litigation costs you incurred defending the baseless case
  • Lost income or business revenue during the period you were tied up in the proceedings
  • Damage to your professional reputation or business relationships
  • Emotional distress caused by being subjected to a wrongful prosecution or lawsuit
  • In cases involving particularly egregious conduct, punitive damages may also be available

 

Colorado courts take these claims seriously when the evidence supports them. The goal is to make you whole for what was taken from you — and to impose a consequence on those who weaponize the legal process.

How Malicious Prosecution Differs from Abuse of Process

These two claims are frequently confused, and in some cases both may apply to the same set of facts. Malicious prosecution focuses on the decision to initiate proceedings — whether the person who filed had a legitimate basis to do so. Abuse of process focuses on what happened after filing — whether the legal process was used for an improper purpose once it was underway.

 

If someone filed a lawsuit against you without grounds, that is malicious prosecution. If someone filed a legitimate lawsuit but then used it to extort a settlement or harm your business rather than actually litigate the merits, that may be abuse of process. We handle both claims and can evaluate which applies — or whether both do — based on the specific facts of your situation.

Why These Cases Require a Trial-Ready Attorney

Malicious prosecution claims are contested. The party you are suing has every incentive to fight, and they will argue that their original filing had merit and that their intentions were proper. Winning requires more than filing a complaint — it requires building a record, taking depositions, and being prepared to take the case to a jury if that is what it takes.

 

The Fields Group is not a settlement mill. Doug Fields is a trial lawyer with 36 years of courtroom experience, including extensive work in Jefferson County and throughout Colorado, and Catalina Miranda, our Sr. Litigation Paralegal, supports every case he tries. When a case has merit and the other side refuses to acknowledge it, we go to trial.

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Common FAQs

Frequently Asked Questions About Malicious Prosecution in Colorado

  • How long do I have to file a malicious prosecution claim in Colorado?

    Colorado's statute of limitations for malicious prosecution is generally two years from the date the underlying proceeding terminated in your favor. Missing this deadline typically bars the claim entirely, so it is important to consult an attorney as soon as the prior case concludes.

  • Does the underlying case have to be completely dismissed for me to have a claim?

    Yes. A favorable termination is a required element of malicious prosecution in Colorado. This means the prior criminal or civil proceeding must have ended in your favor — through acquittal, dismissal, or a judgment in your favor — before you can bring this claim.

  • Can I sue for malicious prosecution if I was wrongfully arrested but never charged?

    An arrest without a subsequent prosecution may not satisfy the "prior proceeding" element required for malicious prosecution. However, other claims — such as false arrest or civil rights violations — may apply. We can evaluate the specific facts to identify which claims are available to you.

  • What if the person who sued me had an attorney? Can I hold the attorney liable too?

    In some circumstances, yes. Colorado law allows malicious prosecution claims against attorneys who knowingly file or pursue baseless litigation. This requires evidence that the attorney lacked probable cause and acted with malice — a high bar, but one that can be met in egregious cases.

  • How much does it cost to pursue a malicious prosecution claim?

    Civil litigation claims, including malicious prosecution, are typically handled on a contingency or hourly basis depending on the nature of the case. We discuss fee structure during the initial consultation so you understand exactly what engagement looks like before any commitment is made.

  • What is the difference between malicious prosecution and a frivolous lawsuit?

    A frivolous lawsuit is a procedural designation — courts can sanction attorneys or parties for filing claims without legal basis. Malicious prosecution is a separate civil cause of action that requires proving malice and lack of probable cause, and it allows you to recover damages in a new lawsuit. The two concepts can overlap, but they are not the same thing.