Legal Question in Civil Litigation in California

after plea no contest on a misterminor in a criminal court. can they file a civil action against me in acivil court?


Asked on 5/26/10, 8:25 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Yes, unless the limitations period has expired or some other obstacle bars the lawsuit. Your plea might not be admissible as evidence against you in the civil suit, but it won't prevent the other side from suing you -- or even from winning if they can prove their case by other means.

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Answered on 5/27/10, 12:16 am

Hoffman is right. The whole point of a "no contest" plea, instead of guilty, is so it is not proof of liability for any civil action that comes after.

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Answered on 5/27/10, 6:57 am
Anthony Roach Law Office of Anthony A. Roach

Your plea of no contest means that you have plead guilty, but your plea cannot be used in a civil case to prove your admission of culpability. It is not a bar to an actual civil lawsuit against you. The victim can still prove your fault through other means, such as evidence, eyewitness testimony, etc.

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Answered on 5/27/10, 7:11 am
Terry A. Nelson Nelson & Lawless

Of course. The no contest plea can not be used as proof of guilt like a guilty plea could have, but 'they' can still sue and try to prove their case just as in any other lawsuit. If you have insurance that covers you, turn the civil case over to them, it not, hire an attorney. If serious about doing so, feel free to contact me.

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Answered on 5/27/10, 10:12 am


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