Concurrent small claims and criminal cases?

[t74]

State: OK

The owner of a company hire to perform some work in my home committed actions that can be construed as felony elder abuse and felony larceny. These have been reported to the proper agencies, but I have not spoken with a detective due to the shortage of officers in my city. Therefore, I so not know if these cases will be referred for prosecution. I have emails from the person who took my property admitting to doing so. The fact that it is elder abuse appears to make the amount involved irrelevant.

I need to replace the stolen items. The amount involved is significant (greater than $5K) but less than the small claims limit ($10K). A finding of guilt includes restitution which is what would be seeking in the small claims case. I am primarily interested in restitution as I doubt the person taking my property would not be sentenced to prison time.

Can I pursue a small claims case without jeopardizing the criminal case?

 

[adjusterjack]

Can I pursue a small claims case without jeopardizing the criminal case?

You can certainly pursue a small claims case.

How it might affect the criminal is impossible to speculate upon.

 

[Litigator22]

State: OK

The owner of a company hire to perform some work in my home committed actions that can be construed as felony elder abuse and felony larceny. These have been reported to the proper agencies, but I have not spoken with a detective due to the shortage of officers in my city. Therefore, I so not know if these cases will be referred for prosecution. I have emails from the person who took my property admitting to doing so. The fact that it is elder abuse appears to make the amount involved irrelevant.

I need to replace the stolen items. The amount involved is significant (greater than $5K) but less than the small claims limit ($10K). A finding of guilt includes restitution which is what would be seeking in the small claims case. I am primarily interested in restitution as I doubt the person taking my property would not be sentenced to prison time.

Can I pursue a small claims case without jeopardizing the criminal case?

It is not beyond the realm of possibility that how you plead and submit evidence in support of a civil claim would have compromising consequences on the issue of criminal culpability.

Not a gigantic risk! Just avoid any communications on the subject that could be viewed as treating it as an indebtedness!