<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Tracey:
Your lawyer knows all this, but just for your information:
If the guy's convicted of assaulting you, then he's civilly liable and the only issue in the civil suit will be how much the damages should be. He won't be able to argue that you started it, either, since that will be raised and rejected in the criminal trial too.
However, be prepared to answer questions at the criminal trial about whether you have contemplated a civil suit (yes). This is relevant as "impeaching evidence" and the defense atty will argue that the jury shouldn't believe you because you just want to get money out of the guy. Don't be offended - the defense atty is just doing his job.
Good luck,
Tracey
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My response:
Well, not entirely correct. There is a good chance there won't even be a trial. The defendant in this assault and battery "Criminal Case" could enter a plea of "NOLO CONTENDERE," or "NO CONTEST" and if his defense attorney has his "druthers," then that's exactly what will happen. A Nolo plea means the criminal defendant doesn't intend to fight the charges, but he doesn't admit them, either--so it is not quite the same as a confession or plea of "guilty." Such a plea is the same as a guilty plea, in that it will result in conviction and sentencing. The only advantage of such a plea comes further down the road: If a criminal defendant gets sued later for damages in a civil court by the victim, a nolo plea cannot be used as evidence in a civil suit. If there is a guilty plea, on the other hand, the victim may introduce it as evidence that a defendant committed the crime. The advantages of no contest plea are mostly mythical. The "bad guy" will still be treated as if he pled guilty.
IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited April 12, 2000).]
We call them Alford pleas up here in Washington, but they're not common. Defendants who enter Alford pleas tend to get significantly longer sentences, since they haven't admitted to and taken responsibility for their actions. Our judges are big on personal responsibility.