Legal Question in Criminal Law in Wisconsin

If evidence is used in a criminal case and the D.A. plea bargins it away, can that same evidence be used in a civil case against the party originally charged in the criminal case?


Asked on 7/22/09, 1:53 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, criminal cases and civil cases generally go through totally separate systems and have little or nothing to do with one another. The victim in a criminal case is therefore generally free to sue the defendant civilly. One exception to this rule, however, would be cases where restitution is requested by the victim of a crime. If the defendant is convicted but disputes restitution, general rules of civil liability apply under the rules of civil procedure; the same rules that would apply in a civil suit, meaning that a determination as to the restitution amount in one case can affect the amount owed in the other. Additionally, if facts are determined by any court in a fully contested trial, those findings can have "res judicata" or collateral estoppel effects in other lawsuits. Hence, a conviction in criminal court after a trial can often be used to prove guilt in a subsequent civil suit. Plea bargains, however, are rarely admissible as evidence in any subsequent suit. ?No contest? pleas in a criminal case specifically preserve the defendant?s ability to contest civil liability in a later civil suit since they are not admissions of guilt but rather are a statement to the effect of ?I surrender? in the criminal prosecution only. My comments are not intended as specific legal advice. Instead, this is general information applicable to various common circumstances which may have nothing to do with the specifics of your case.

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Answered on 7/27/09, 2:59 pm


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