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


Asked on 7/27/07, 4:01 pm

2 Answers from Attorneys

David Kaloyanides David J.P. Kaloyanides, A Professional Law Corporation

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.

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Answered on 7/27/07, 4:13 pm
Terry A. Nelson Nelson & Lawless

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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Answered on 7/27/07, 5:50 pm


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