When your being prosucuted for a crime can you counter sue at the same time?

Answer 1

Yes.

Answer 2

It would not be counter-suing. There would be two separate actions, a criminal action for the crime, and a civil action for whatever you would be countersuing for, (if there was sufficient grounds). While they may technically be able to be filed to occur at the same time, most attorneys would probably recommend against the civil action until the criminal action is completed. One, because while you cannot be compelled to testify against yourself in a criminal matter, you do not have that right in a civil case, and if you give testimony in a civil case, the prosecution can then use those statements in the criminal case. Also, depending on if you are in jail or enduring some other hardship during the time period of the criminal case, you may be able to seek a higher judgment at the end of the case, rather than in the middle of the case, since you possibly would have been in jail for longer or endured some other hardship for longer. I am sure there would be other reasons, but those are the top two in my head at this time of the morning.

Answer 3

No. A counter-suit is only applicable within the civil law context.

A defendant can raise affirmative defenses, to assert justification or excuse liability.

And civil suits can be filed in the case of malicious prosecution. However, for that civil suit, you must first have won the underlying criminal case, which is one reason it cannot be filed at the same time. The other is that the facts and law involved are entirely unrelated, and the criminal court proceedings are not equipped to handle a simultaneous civil trial.

Answer 4

If you are being prosecuted there is no "lawsuit" occurring. So therefor you cannot counter sue.

Answer 5

Yup. if you have enough grounds to do so.