Legal Question in Criminal Law in California
Can a felony criminal case and a civil case with the same parties involved be concurrent?
Asked on 1/24/11, 5:15 pm
2 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
Yes, assuming someone is suing the accused criminal for the conduct that underlies the criminal case the two matters could proceed concurrently, and it would also be to the advantage of both parties to the civil case to request that the civil case be stayed until the conclusion of the criminal case. If the defendant is convicted of the felony, the civil case against him becomes a slam dunk, and it is also entitled to trial setting preference (the plaintiff's attorney would have to file a motion for this.)
Answered on 1/27/11, 1:13 pm
Terry A. Nelson
Nelson & Lawless
Of course. There may be logistical problems, but nothing stops either from proceeding.
Answered on 1/27/11, 1:25 pm
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