Legal Question in Criminal Law in California
civil v. criminal
Does having signed a confidentiality agreement in a settled wrongful death case prevent a person from being able to pursue a criminal case
2 Answers from Attorneys
Re: civil v. criminal
No. Civil cases settlements cannot restrict or influence criminal investigations or prosecutions whatsoever. In fact, everything said or done in the course of the civil case may be used in a criminal matter. Not everything is admissible at the criminal trial; but the information can be used. It is almost never a good idea to resolve a civil case if there is a pending or a potential criminal matter.
Re: civil v. criminal
Private parties do not 'pursue criminal cases', the police and DA do. A settlement of a civil wrongful death case, with or without a confidentiality agreement, would not generally prevent making a complaint to the police.
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