Legal Question in Criminal Law in California

Re: civil suit during criminal proceedings

Yes, yes, and yes!

Re: civil suit during criminal proceedings

Sue him! Yes, you can sue in civil court whether or not his criminal case is over (and for up to a year after his conviction). The fact that your assailant is going to be convicted of a felony makes your lawsuit easier in several respects: the conviction establishes civil liability for your injuries; you are entitled to trial setting preference; and your attorney fees would be awarded in addition to your damages. The key factor is whether your assailant has money, assets, a job, insurance, or other source of monetary recovery, or the likelihood that he will come into money in the future. If there is money in the case, many lawyers will offer their services to you on a contingency basis. If not, expect to have to pay money up front in pursuit of a court judgment that may ultimately be of little value.

You can also claim restitution from the criminal court, as well as compensation from the State Crime Victims Compensation Board.

Re: civil suit during criminal proceedings

I'm so sorry to hear about your ordeal.

You have the right to sue the defendant regardless of whether, when or how his trial turns out. Even if the jury does not convict him, the verdict will mean only that they were not persuaded of his guilt beyond a reasonable doubt. It won't mean he is innocent. In a civil case you won't need to prove his guilt beyond a reasonable doubt, so an acquittal will not bar your claim.

Remember O.J. Simpson? The victims' families sued him and won even after he was acquitted in his criminal case. Just as his criminal case did not bar a civil suit, neither will your attacker's.

There is another lesson you should take from the Simpson case, though. The families have not collected much on their judgments, because Simpson has limited assets and much of what he does have is legally shielded from collection. If your attacker likewise cannot afford to pay a judgment, suing him civilly may not do you much good even if you win.

Good luck.

Re: civil suit during criminal proceedings

Sure, you can sue the scum bag. But, unless he has insurance that covers this [highly unlikely] or has substantial assets and income, where do you think you would get any money our of this? What would make doing the suit worthwhile? If he has nothing, then nothing is what you'll get. Focus instead on getting the court to order restitution. Good luck.

Re: civil suit during criminal proceedings

Yes, you can sue in civil court while the criminal charges are pending and unresolved.

If there is a guilty verdict or plea in the criminal case, the court will order the defendant to pay you restitution. The court will try to collect on your behalf. Also, any restitution order will automatically be converted to a civil judgment you will be able to collect on.

Ask the prosecutor for details.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com