Legal Question in Criminal Law in California

I lost a civil fraud case and now the plaintiff wants to file criminal charges against me

The civil case took place in Toulumne County California and he talked to a attorney in the county I live in which is San Jouquin County. I don't understand

Why it would be filed in a different county than the civil suit. Please advise

Thank you b


Asked on 9/08/14, 5:40 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Only district attorneys file criminal charges against people. It sounds like he told you that he was suing you for "malicious prosecution." That's not a criminal case, but a civil case with a criminal sounding name on it. A malicious prosecution suit can be based on a previous civil case that the new plaintiff (who was the old defendant) claims should have never been filed in the first place.

Whether or not the county of filing is appropriate is not clear right now. I would need more detail.

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Answered on 9/08/14, 5:44 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

I agree with Mr. Roach. Jurisdiction may exist in several counties. You should talk to an attorney, although an attorney may not be able to fully answer jurisdiction questions until she/he sees a copy of the complaint. If it criminal charges you should see an attorney right away.

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Answered on 9/08/14, 9:17 pm


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