Legal Question in Criminal Law in Pennsylvania

Civil or state suit
Two months ago two 14 year old boys tried to fire bomb our home. The boys will eventually be charged by the state police, but the trooper said it may take up to 2 years for the case to go to court. Is it possible, in PA, to file a civil suit instead of having the police charge the boys? Or can there be both a civil and state suit? Thank you for any info.

Asked on 8/02/07, 8:21 pm

2 Answers from Attorneys

John Gibson John W. Gibson, Esquire

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Re: Civil or state suit

You can do both at the same time. I'm not sure of the answer of whether or not you may resolve the case civilly rather than criminally. Because the boys are minors, I think that it may be possible, especially if they are "decertified" rather than as adults.

It is obviously in your interest to have them pay your damages rather than to have them pay an attorney for a trial but if they are going to be tried as adults, you may have no choice. It's Rule of Criminal Procedure 586 if they are tried as adults and it excludes crimes committed by force or violence or threat thereof. The Juvenile Rules are more flexible.

Answered on 8/06/07, 10:27 am

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