you talk to? The orginal charge that the DA is representing is theft by conversion. I believe we have grounds to pursue breach of contract and possibly malicious prosecution against the man who originally filed charges. If we want this all rolled into the same trial, do we go to another lawyer within the DA's office or stay away from them altogether?
2006-06-29 08:17:44 · 5 answers · asked by jamminursite 3 in Politics & Government ➔ Law & Ethics
You can't just consult a professional, you have to sign over your house, vehicle, soul, children, and grandchildren. And you're right, but I wouldn't be asking on Yahoo if I were able to afford doing that.
2006-06-29 08:28:51 · update #1
It can't be handled in one trial. Theft is criminal, and malicious prosecution and breach of contract are civil. The DA won't touch them. If you don't have a lawyer to bargain with the DA, then your best bet is to sit tight, gather your evidence, and defend yourself at the criminal trial. If the DA wins, your case may be sunk; but if the DA loses you will be in a better position to sue the witness whom you believe lied. You can sue in civil court, and you might be able to sue in Small Claims without a lawyer.
2006-06-29 11:33:00 · answer #1 · answered by AnOrdinaryGuy 5 · 1⤊ 0⤋
The claims you want to bring are civil claims which must be filed in a civil lawsuit brought in civil court. By the way, an element in proving malicious prosecution it being found not being found guilty on the charge.
2006-06-29 15:23:00 · answer #2 · answered by bestanswer 2 · 0⤊ 0⤋
Seeking legal advice on yahoo answers is your first mistake. Consult a professional. If I were in your shoes I would first see the criminal charge through. If you do not receive a conviction, then you can sue in civil court.
2006-06-29 15:23:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I would suggest getting a lawyer that doesn't work for the State, get a lawyer who doesn't work for the DA already, not saying that another state lawyer wouldn't be fair, but I feel it's best to hire an attorney not employed by the state.
2006-06-29 15:23:53 · answer #4 · answered by rachelle105210 5 · 0⤊ 0⤋
Theft by conversion is a criminal charge and you cannot "countersue" criminal charges. You COULD sue the person in civil court, but that would be a completely different process.
2006-06-29 17:05:59 · answer #5 · answered by James 7 · 0⤊ 0⤋