Legal Question in Criminal Law in Michigan

Re: Civil suit after felony criminal trial

It depends to whom that civil suit is directed. If at the prosecutor or public defender, no. I assume the suit, however, is directed at the acquitted defendant in the felony matter--to which the answer is "yes." A civil suit can be brought against the acquitted defendant--the burden of proof is easier (only preponderance of evidence instead of "beyond reasonable doubt"), and it doesn't violate the constitution (i.e., it's not considered "double jeopardy") because it's only a civil case--i.e., only money is at stake.

So, yes, a civil suit can be brought.

As far as the assets part, I imagine that it depends on the assets (property versus money in accounts, cash, etc.); and it depends on how truthful the defendant was willing to be during his deposition (under oath) under questioning regarding those assets, etc.

Good luck,

Steve Afton

Re: Civil suit after felony criminal trial

1. Yes, 2. NO. Since the burden of proof is lower in a civil case than a criminal case, a tort case could be brought against the defendant for money damages.

Transferring assets to someone else to avoid a civil suit is called a fraudulent conveyance, and the plaintiff can then sue not only the tortfeaser defendant, but the person to whom the assets were transferred. It is my opinion that even attempting such a transfer only tends to make the tortfeaser look worse.

Good luck.

Don Darnell