Civil Suits During Criminal Prosecutions?

 

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Jay K. Nixon 

Avvo Rating: 10 Criminal Defense Attorney in Janesville & Kenosha, WI

Civil litigation during a related criminal prosecution would be a very bad idea, since you could be immediately deposed, and everything you say (or don't say) used against you. Unlike criminal court, in civil court there is no penalty free right to remain silent, so your silence could be used against you, and would probably result in immediate dismissal of your suit. Better to wait until all aspects of the criminal case, including the sentence, probation, parole, etc., are long over with, before starting to make a claim (assuming that that statute of limitations hasn’t expired already). Even then, you could only sue the complaining witness, who may or may not have much money. Possible truth of the allegations would also be a defense in any claim of malicious prosecution, so you could end up having a civil jury trial. Also, if your mother bought those items for you, she might have been legally correct when she claimed that she owed them. Finally, any sort of conviction, even via a plea bargain, would eliminate all opportunities from civil litigation, as a practical matter. Best therefor to now focus your energy and resources on the criminal case, which is a much bigger fish to fry than any civil claims, due your potential loss of liberty at the end of it.