Being arrested and prosecuted for crimes you didn't commit destroys everything you've built—your reputation, career, savings, family relationships, and mental health suffer while you fight baseless charges through South Carolina's criminal justice system.
Available 24/7 - Time Limits Apply to Malicious Prosecution Claims
Malicious prosecution occurs when someone initiates or continues criminal proceedings against you without probable cause, motivated by malice or improper purpose, only to see those charges eventually dismissed or result in your acquittal. South Carolina law recognizes your right to sue prosecutors, police officers, private citizens, or businesses who weaponized the criminal justice system against you, seeking compensation for legal fees, lost wages, emotional distress, and reputational damage caused by wrongful charges.
Matthew M. McGuire has pursued malicious prosecution claims across South Carolina for over three decades, holding accountable those who abuse prosecutorial power from Charleston to Greenville, Columbia to Spartanburg. These civil cases require proof that criminal proceedings terminated in your favor and that your accuser acted with malice—elements demanding experienced litigation from someone who understands both criminal defense and civil rights law. Call (888) 499-5738 now for 24/7/365 representation.
Malicious prosecution claims demand attorneys who understand both sides of the courtroom—navigating complex civil rights law while exposing the failures of those who wrongfully pursued criminal charges against you.
Extensive experience pursuing Section 1983 claims and state law malicious prosecution cases, holding law enforcement and private citizens accountable for weaponizing the legal system.
We investigate and document failures in the prosecution process, including ignored exculpatory evidence, fabricated testimony, and reckless disregard for truth that supports malice claims.
Decades of experience battling insurance companies defending malicious prosecution claims. We know their tactics and how to counter them to secure maximum compensation.
Thorough investigation and discovery practices uncover evidence that proves malice and lack of probable cause—building cases that expose wrongdoing and maximize recovery.
While many cases settle, we're always prepared for trial. Our courtroom experience gives us leverage in negotiations and confidence when litigation is necessary to secure justice.
South Carolina requires plaintiffs to prove specific elements to recover damages for malicious prosecution. Understanding these requirements is essential for building a successful case.
Charges must be dismissed, you must be acquitted, or prosecution must be abandoned before filing civil claims. This establishes that the criminal case lacked merit.
No reasonable person would believe you committed the alleged offense based on available evidence at the time charges were initiated.
The prosecution was motivated by personal vendetta, competitive business advantage, relationship revenge, or reckless disregard for truth—not legitimate law enforcement.
You experienced actual harm from the wrongful prosecution, including attorney fees, lost income, medical expenses, emotional distress, and reputational damage.
While government prosecutors enjoy immunity for traditional functions, private citizens and police officers who initiate false charges face full exposure under South Carolina law.
Claims may apply when someone uses legitimate legal proceedings for illegitimate collateral purposes beyond the process's intended function.
South Carolina's statute of limitations begins when criminal proceedings terminate favorably. Failure to file within three years results in permanent claim forfeiture.
When you've been wrongfully prosecuted, you deserve an attorney who fights with the same intensity your accusers used against you—but with truth and justice on your side.
We fight hard to hold accountable those who weaponized the criminal justice system against you. Whether pursuing individuals, businesses, or law enforcement, we advocate aggressively for your vindication.
You'll work directly with Matt McGuire, not paralegals or junior associates. Your malicious prosecution case gets personal attention from experienced counsel who understands the stakes.
We prepare every malicious prosecution case as if it's going to trial. This thorough preparation gives us leverage in negotiations and confidence when litigation is necessary.
We understand the trauma of wrongful prosecution. We provide not just legal expertise but also support as you seek justice for what you endured.
Our track record demonstrates our ability to achieve positive outcomes—recovering damages that compensate for your losses and send a message to those who abuse the legal system.
Wrongful prosecution takes many forms across South Carolina—from personal vendettas to business competition to police misconduct.
Vindictive ex-spouses or former partners file false criminal sexual conduct, domestic violence, or harassment charges to gain custody or divorce advantages.
Rival companies or former employers pursue theft, breach of trust, or computer crimes charges to eliminate competition or prevent employee departures.
Disputes escalating into false assault, trespassing, or harassment charges filed by neighbors seeking to force property sales or resolve boundary disputes.
Store security detains customers, presses charges, and continues prosecution despite video evidence showing no theft occurred.
Officers fabricate probable cause through false incident reports, planted evidence, or coerced witness statements to justify questionable arrests.
Property managers pursue criminal trespassing charges against tenants who complain about habitability issues or assert legal rights.
Malicious prosecution cases require an attorney who has stood on both sides of the criminal justice system—understanding how prosecutors think, how police investigate, and how to expose their failures when they abuse their power.
Matt McGuire's experience as an Assistant Attorney General and Assistant Solicitor provides unique insight into prosecutorial decision-making—and when those decisions cross the line into malice.
We pursue malicious prosecution claims throughout South Carolina's 46 counties, with relationships and experience in every judicial circuit from the coast to the mountains.
We understand complex immunity doctrines and know how to structure claims that pierce qualified immunity defenses and hold wrongdoers accountable.
We pursue every available damage category—economic losses, emotional distress, reputational harm, and punitive damages when defendant conduct was willful or reckless.
We act immediately after favorable criminal case terminations, gathering evidence while memories remain fresh and witnesses are available—before the three-year deadline expires.
South Carolina law allows recovery of comprehensive damages to compensate for all harm caused by wrongful prosecution.
South Carolina allows punitive damages in malicious prosecution cases when the defendant acted with willful, wanton, or reckless disregard for your rights.
Victims of wrongful prosecution have urgent questions about their rights and options. Here are straightforward answers based on South Carolina law.
Yes. Dismissal is actually required before filing a malicious prosecution claim. It establishes favorable termination, one of the essential elements of your case.
Government prosecutors generally enjoy absolute immunity for traditional prosecutorial functions. However, claims against private citizens, businesses, and police officers who initiated false charges face no such protection.
Malice can be shown through evidence of personal vendetta, business competition, relationship revenge, or reckless disregard for truth. We investigate thoroughly to uncover the improper motives behind your prosecution.
Officers who knowingly provide false information to prosecutors or magistrates can be held liable. Fabricated evidence or false statements pierce qualified immunity protections.
South Carolina's three-year statute of limitations begins when criminal proceedings terminate in your favor. Waiting allows evidence to disappear and witnesses to forget—call immediately after dismissal or acquittal.
Yes. Economic damages in malicious prosecution cases include all attorney fees paid defending criminal charges, court costs, bond premiums, and expert witness expenses.
Malicious prosecution involves initiating baseless charges. Abuse of process involves using legitimate legal proceedings for illegitimate collateral purposes beyond the process's intended function.
Yes. Corporate defendants face vicarious liability when employees maliciously initiate criminal proceedings within the scope of employment—common in retail false shoplifting cases.
With over 30 years of experience defending South Carolina, McGuire Law provides elite legal representation with national recognition. McGuire Law has grown from a small practice into one of the most trusted law firms in South Carolina. We understand that legal issues can be overwhelming, whether you're facing criminal charges, dealing with injuries from an accident, or navigating family law matters.
McGuire Law is committed to each client's unique situation, and we don't believe in boilerplate solutions. Every case requires careful analysis, strategic planning, and aggressive representation. Our firm combines over 30 years of experience with cutting-edge legal strategies to achieve the best possible outcomes for our clients.
McGuire Law serves all 46 South Carolina counties. We know these counties, their courts, their legal communities, and most importantly, the people who live here. This local knowledge, combined with our legal expertise, gives our clients a significant advantage.
Matt McGuire received his B.A. from the University of North Carolina - Chapel Hill and his J.D. from the University of South Carolina.
Matt has served as a law clerk for a State Circuit Judge, an Assistant Attorney General for the State of South Carolina, and an Assistant Solicitor in the Fifth Circuit Solicitor's Office.
Matt is a proud husband, father of two, and a long-time resident of Richland County, South Carolina.
Don't let the statute of limitations expire on your malicious prosecution claim. Our firm has successfully pursued claims throughout all 46 South Carolina counties, recovering damages for victims of wrongful prosecution.
Matthew McGuire has prosecuted malicious prosecution claims throughout South Carolina for over 30 years, holding accountable those who weaponize the criminal justice system. If criminal charges against you were dismissed or you were acquitted, call (888) 499-5738 immediately for 24/7/365 representation, or schedule your confidential case evaluation through our online calendar.
