I was involved in a bar fight and was charged with a misdemeanor . Plaintiff is suing me now for personal injury damages. If I do not contest the misdemeanor charge in a criminal court trial and plead guilty. Do I automatically loose the civil lawsuit?
2006-09-20 06:07:23 · 7 answers · asked by Help 1 in Politics & Government ➔ Law Enforcement & Police
No, criminal and civil cases are entirely different. Testimony given in a criminal case can not be used against you in a civil case. O J Simpson was found not guilty in the criminal case, but guilty in the civil case against him. The civil case has to be tried as if a criminal case was never heard.
2006-09-20 15:42:04 · answer #1 · answered by MyGirlfriendLikesMyBaldHead 2 · 0⤊ 0⤋
I'm no lawyer but......
I guess its' important to identify the description of the crime and if it differs from the basis of the alleged liability for the personal injury.
In other words - does the criminal charge require there to have been injury caused to the other person, or could you just be charged without injury to anyone ? If the misdemeanour does not reuire personal injury, it would be interesting to know why no criminal injury charge has been brought against you.
i.e. If there is a difference between Affray, vs Affray & Assault - why are you not charged with assault too - if the police thought you were liable for the injury to the other party.
Perhaps even if (pleading guilty) convicted for Affray, you can demonstrate self-defense against civil personal injury charges ?
2006-09-20 13:21:47 · answer #2 · answered by dryheatdave 6 · 1⤊ 0⤋
good question - would love to hear what a real lawyer would say to this rather than the rest of us who are guessing
... putting myself in the same category above, I think you may also have an option to plead "No Contest" which is not a guilty plea.
May help with the civil thing.
Again, not qualified to answer, but it's something to bring up with a lawyer.
2006-09-20 13:13:28 · answer #3 · answered by M J 2 · 0⤊ 0⤋
You do automaticlly lose. However, the pentalty is usually less harsh than if you pleaded not guilty, then was found guilty. You may only get charged $500 instead of $1500 if you plead guilty.
2006-09-20 13:16:02 · answer #4 · answered by ddrorangeman 3 · 0⤊ 1⤋
NO; but I think a guilty plea will weigh against you in the other trial.
Lawsuit must still be settled to determine the extent of damages and amounts due I believe.
2006-09-20 13:10:35 · answer #5 · answered by wizjp 7 · 1⤊ 0⤋
Nope, but it will certainly be used against you.
2006-09-20 13:16:31 · answer #6 · answered by working mom of 3 4 · 1⤊ 0⤋
yup
2006-09-20 13:10:35 · answer #7 · answered by Anonymous · 0⤊ 0⤋