Legal Question in Civil Litigation in Florida

Motion to stay civil, already criminal indictment

I'm already criminaly indicted on theft charges. The victim is now suing for the same exact crime in civil court. Isn't it customary to get a stay on these proceedings?


Asked on 6/25/07, 6:35 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Motion to stay civil, already criminal indictment

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. A person can be charged criminally and sued in civil court at the same time. One does not bar the other.

Scott R. Jay, Esq.

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Answered on 6/25/07, 8:56 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Motion to stay civil, already criminal indictment

Not usually, but you can assert your 5th amendment rights to avoid testifying by deposition and the judge will not set trial until the criminal proceeding is concluded. You will need the help of an attorney.

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Answered on 6/25/07, 11:20 pm


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