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File Criminal or Civil First?

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Muffuah

Junior Member
Generally speaking, which is strategically better to pursue first: Criminal or Civil action against someone assuming both are available to me. I pretty much have a slam-dunk civil case against someone, but I don't think there's much chance I'll be able to actually collect upon winning the case. On the other hand, I won't feel that I really gained anything by causing the person to go to jail. That being said, I find it psychologically impossible to let the person(s) actions to go unanswered. ...and I don't want to get my cousins to help me with this. <--- Just a joke, folks- sit back down.
I should mention that a criminal conviction is not as certain as the civil one, although, an arrest would almost be certain, though the one(s) responsible for deciding whether-or-not to charge could decide that it might be too difficult to convict.
 


CdwJava

Senior Member
There are time elements to both. You should report a crime ASAP. The longer you wait, the less likely it might be to pursue criminal charges.

Consult an attorney with regards to the civil matter. They will advise you as to the best timing for your case.
 

quincy

Senior Member
Generally speaking, which is strategically better to pursue first: Criminal or Civil action against someone assuming both are available to me. I pretty much have a slam-dunk civil case against someone, but I don't think there's much chance I'll be able to actually collect upon winning the case. On the other hand, I won't feel that I really gained anything by causing the person to go to jail. That being said, I find it psychologically impossible to let the person(s) actions to go unanswered. ...and I don't want to get my cousins to help me with this. <--- Just a joke, folks- sit back down.
I should mention that a criminal conviction is not as certain as the civil one, although, an arrest would almost be certain, though the one(s) responsible for deciding whether-or-not to charge could decide that it might be too difficult to convict.
What is the name of your state, Muffuah, or, if not in the US, what is the name of your country?

CdwJava mentioned time elements. You have a limited amount of time to file a civil action so you must be aware of the statute of limitations when considering a lawsuit. I agree with CdwJava that, if a crime was committed, it should be reported. Whether the person you report will be arrested and/or charged with a crime will not be up to you.
 

Muffuah

Junior Member
What is the name of your state, Muffuah, or, if not in the US, what is the name of your country?

CdwJava mentioned time elements. You have a limited amount of time to file a civil action so you must be aware of the statute of limitations when considering a lawsuit. I agree with CdwJava that, if a crime was committed, it should be reported. Whether the person you report will be arrested and/or charged with a crime will not be up to you.
Sorry, I didn't think the state was important; I just wanted to know, given both options, which I should pursue first as a matter of strategy. My issue is a recent one, so statute of limitations isn't an issue; I'll move one way or another long before either legal limit.

In case it's important, the state is Maryland and that includes where the issue took place and the residences of the primary parties, though two others may be included, one from Delaware and another from Pennsylvania. Those two may, in the end, be included in whatever action I take, I haven't decided to include them, and again, at this point I just want to know the strategic value of pursuing one option over the other. i.e. If I chose to charge the person criminally, might that possibly persuade him to resolve the civil issue (which I believe would automatically get him off of the criminal hook)? If I tried them simultaneously, might one create a problem for the other? Since I'm the only person impacted by this issue, I think a criminal charge is optional.

***Feel free to add any other question/answer you think might be pertinent; I don't quite know what other question(s) might be fitting.***

As for consulting an attorney, I just can't afford to; unless something changes I will have to handle this myself (at least in the beginning), hence my dilemma.
 
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CdwJava

Senior Member
If you cannot afford an attorney and the case is not sufficiently lucrative (and a near certain win) to attract an attorney on contingency, then a civil suit may be moot. Now, if this is a Small Claims issue, then maybe you can pursue it ... though suing out of state residents in Small Claims can be tricky.

If the suspect is prosecuted criminally he/she/they can be compelled to make restitution as part of any sentence. Of course, you will have no say on whether any report is taken, whether it might be prosecuted, or when it might be prosecuted if it is.

As for timing of the two, it's hard to say without knowing the nature of the case and the evidence. In general, a criminal conviction makes a civil suit a whole lot easier. But, if they plead "no contest" that win at criminal court may not make the civil suit quite so easy.

Bottom line, if you WAIT to report a crime, you minimize any chance of prosecution.
 

Muffuah

Junior Member
Bottom line, if you WAIT to report a crime, you minimize any chance of prosecution.

Thanks for the advice; I get your point. I still have time to mull the options; the person I'm asking about is 25 years old and I hate the idea messing up his life for doing something I suspect he would not do 10 or 15 years from now. Be-that-as-it-may, he may deserve it.

I genuinely appreciate the advice offered by both of you. ...I'll be over here in the corner... mulling.

**Tip-O-The-Hat**
 

CdwJava

Senior Member
Waiting makes you seem less a victim. Depending on the nature of the offense, if you wait to report a crime and you are also filing a civil suit, a prosecutor may see your complaint as bogus and merely an effort to garner leverage for the civil suit.

The police will be skeptical of any delay as will a prosecutor. Reporting a crime is not a tactical matter. If you were a victim of a crime, report it. If not, then forget about it.
 

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