Civil Lawsuits in Tandem or After a Criminal Case

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: Will civil lawsuits often accompany these criminal allegations between the parties? Does that complicate the investigation? How does that affect it?

Acacia Law That’s an excellent question. Normally what happens is this. It’s very simple from my end. If someone wants to sue civilly, they’re going to have to establish that the event occurred.

The problem is that from the perspective of the defense attorney, the client is sued; he or she would be giving up their Fifth Amendment Rights against self-incrimination if they responded to the lawsuit. Given these facts, normally, civil suits are not brought until after a criminal matter has been resolved one way or another.

With a judgment in hand, then it’s easier to go forward civilly. The reason is that civil cases are low priority cases, and the burden of proof may be lower. But they may not get to court for years, without clear and convincing evidence that there was one perpetrator who is guilty of commission of the crime. It’s much easier from a civil standpoint, to wait until the case resolves in the criminal justice system.

A Complaint for Civil Damages

Because if the person pleads guilty, or is found guilty of an intentional act of that nature, then under those circumstances the civil attorney can take the convictions and attach that to a complaint for civil damages. And basically, the issue of liability is now over. Since the individual has admitted to the criminal court that they are, in fact, guilty of what the civil attorney is saying was the proximate cause of his or her clients’ injuries.

Interviewer: So you see them come in to play only after the case?

Restitution

Acacia Law Normally it’s only after the case. On a rare occasion, they have a process inclusive with sentencing in the criminal code book with involves restitution.

Interviewer: I see.

Acacia Law Some civil attorneys become involved in the restitution hearing process making a claim for money, based on the admission of the defendant of guilt. However, many of the items that a civil attorney will be seeking money damages for, are not something that can be applied for or given reimbursement for, in a criminal restitution matter.