Can a criminal case be brought against me after a civil elder law case? 6 Answers as of September 27, 2011

I had a civil elder law case today. I was found innocent of physical abuse and guilty of financial abuse. I was given a new court date to return to discuss restitution. Can a criminal case be filed? If so, can I be arrested? The plaintiff stated that I had an arrest warrant however, the court was unable to locate anything. Or will I be done after the restitution case?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It can always be filed as long as the statute of limitations has not expired which is normally three years from commission or discovery of the offense.
Answer Applies to: California
Replied: 9/27/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Of course you can be charged and arrested. Civil and criminal cases are independent of each other. If arrested, or if you learn there is a warrant already, What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to not talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 5/26/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes you can be charged and arrested.
Answer Applies to: California
Replied: 5/26/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Yes, criminal cases are brought by the state and are completely independent from civil cases. You could be arrested. However, because you were found not guilty of the physical abuse the DA is less likely to pursue a charge. You are usually notified by letter if a warrant issues. You should speak to an attorney about the details.
Answer Applies to: California
Replied: 5/25/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Individuals cannot file criminal charges. Only the district attorney can file criminal charges. If the court was unable to find a warrant I doubt there is one. Criminal charges have to be filed within a certain amount of time and if no police report was taken it is doubtful you will be looking at additional criminal charges.
Answer Applies to: California
Replied: 5/25/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Usually no, because the civil case has a lower burden of prood (preponderance), so if you win the civil case, the criminal case (which has a higher burden of proof) is doomed for failure.
    Answer Applies to: California
    Replied: 5/25/2011
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