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Have to win criminal suit before filing civil suit? Statutes of limitation?

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DownPlay

Junior Member
California:

I am currently involved in a criminal suit I believe I am very likely to
win...The cops confiscated a variety of property...

How long do I have to file a civil suit for recovery of property (after
filing a claim--I know that is necessary first...). What about illegal
search and seizure or defamation of character?

Does this question belong in another forum? Happy to move it if
need be...
 


JETX

Senior Member
I am currently involved in a criminal suit I believe I am very likely to win...The cops confiscated a variety of property...
What property did they confiscate... and what charge??

How long do I have to file a civil suit for recovery of property (after filing a claim--I know that is necessary first...).
If the property you are trying to recover was seized as evidence in the criminal matter, you have to wait at least until the criminal matter is resolved.

What about illegal search and seizure
That only applies to the criminal proceeding.

or defamation of character?
Police are immune to defamation claims in the conduct of their business.
 

DownPlay

Junior Member
California...

JETX: Thank you for your reply!

They accused my of violating H&S 11358, 11359. That is illegally growing marijuana
and having it available for sale.

I was growing legally and conservatively by California H&S 11362.5, 11362.7 to the letter
of the law. I would never knowingly risk prison. It is no secret that the local authorities
don't care about this part of the law. They are known for busting people and just letting
the courts sort it out.

They took a wide variety of things related and unrelated...grow equipment, weapons,
personal effects like my some of my Dad's watches and wallets my grandmothers
diamonds (which they didn't list in discovery inventory), etc, etc. I had most of the
valuable items stored in my gun safe that the first tried to pry open (impossible--and these
are supposed to be pros?) and they then plasma torched it...

To top it all off, they returned my gun safe and left it wide open to the public with 2/3
of the contents still remaining...they did not secure either of the buildings they broke
into...they did not leave contact info...no inventory of their confiscation...not even any
crime scene tape...just left all of my possession open to the public and my place open
to the weather...door wide open with window broken out... :mad:

I was out of town...I feel sooo unprotected and served with injustice... :mad:
 

Truthy

Junior Member
not a lawyer.
Although you don't cover it in your original comment "Have to win criminal suit before filing civil suit?" I will say that I strongly believe you can file a suit during a criminal trial. I want to see people doing that but lawyers won't do it. Why? I don't know. I have been told it's just not good. I see it like saying "screw your case, you criminals do not deter what I do and what I need to do."
 

Antigone*

Senior Member
not a lawyer.
Although you don't cover it in your original comment "Have to win criminal suit before filing civil suit?" I will say that I strongly believe you can file a suit during a criminal trial. I want to see people doing that but lawyers won't do it. Why? I don't know. I have been told it's just not good. I see it like saying "screw your case, you criminals do not deter what I do and what I need to do."
Truthy, you are really beginning to become a pain on this forum. This thread is from 2007. PLEASE DON'T NECROPOST!
 

tranquility

Senior Member
not a lawyer.
Although you don't cover it in your original comment "Have to win criminal suit before filing civil suit?" I will say that I strongly believe you can file a suit during a criminal trial. I want to see people doing that but lawyers won't do it. Why? I don't know. I have been told it's just not good. I see it like saying "screw your case, you criminals do not deter what I do and what I need to do."
Though not quite relevant to this long dead thread, the reason why is Heck v. Humphrey, 512 U.S. 477 (1994).
 

Truthy

Junior Member
ty, I'll try to decipher it.
At first glance it seems like it may be placing an initial criminal court as a first standard.
 

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