Legal Question in Criminal Law in California

You really need to talk to your lawyer in the criminal case before you try to file a lawsuit. The statements you make in the suit could hurt your criminal case... and if you get convicted, you're far less likely to win a civil suit.

Your lawyer has all the facts of the case and can give better advice than a stranger on the Internet who knows nothing about your case.

In order to sue a government entity, you have to file a claim with the city or county first. Those claims usually have to be filed within six months of the incident. If you don't file a claim, you lose your right to sue forever.

Suing the government is a long, expensive process. There are very specific deadlines and requirements, and failure to follow the rules can get your case dismissed. The law library at your local courthouse has many volumes of reference materials that can point you in the right direction, but there isn't enough space on LawGuru to give you a decent step by step tutorial.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

Mr. Marshall makes some good points. In order to sue the city and the police, you must first make a claim. You cannot bring a suit, however, until the criminal charges are resolved.

A private party is prohibited from filing a civil action against a public entity while charges are pending, but this does not extend or toll the claims filing requirement.

�No person charged by indictment, information, complaint, or other accusatory pleading charging a criminal offense may bring a civil action for money or damages against a peace officer or the public entity employing a peace officer based upon conduct of the peace officer relating to the offense for which the accused is charged, including an act or omission in investigating or reporting the offense or arresting or detaining the accused, while the charges against the accused are pending before a superior court.�

�Any applicable statute of limitations for filing and prosecuting these actions shall be tolled during the period that the charges are pending before a superior court. �

Nothing in this section shall prohibit the filing of a claim with the board of a public entity, and this section shall not extend the time within which a claim is required to be presented pursuant to Section 911.2.�

(Government Code � 945.3.)

(McMartin v. County of Los Angeles (2nd Dist. 1988) 202 Cal.App.3d 848.)