When requesting a civil trial what is the best way to request criminal prosecution be considered by civil court judge? 15 Answers as of January 06, 2014

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Law Offices of George H. Shers | George H. Shers
A civil court judge is not likely to consider such a request ; you should speak to the local District Attorney as they are the ones who handle criminal charges.
Answer Applies to: California
Replied: 1/6/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
The two are unrelated.
Answer Applies to: California
Replied: 1/6/2014
Penglase & Benson, Inc.
Penglase & Benson, Inc. | John Benson
It won't be effective. A judge cannot decide whether or not charges are to be filed. Only the police or a prosecutor has that power.
Answer Applies to: Pennsylvania
Replied: 1/6/2014
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
Have to go through prosecutor's office.
Answer Applies to: Nevada
Replied: 1/6/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
It doesn't work that way. The District Attorney makes the decision whether to prosecute criminal cases. Check with their office.
Answer Applies to: Alabama
Replied: 1/6/2014
    Gates' Law, PLLC | Thomas E. Gates
    You cannot, it's the wrong court. If you have a complaint you need to file a police report.
    Answer Applies to: Washington
    Replied: 1/6/2014
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Retain an attorney, who knows what he is doing.
    Answer Applies to: Georgia
    Replied: 1/6/2014
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    That is not a simple answer. Usually it is not considered until trial. Numerous factors are considered in admissibility including if it was within the last 10 years, if it was a felony, what type of charge it was . If it was settled without a conviction, it won't likely come in.
    Answer Applies to: Connecticut
    Replied: 1/6/2014
    Kirby G. Moss PC | Kirby G. Moss
    Without more facts this impossible to answer. Under circumstances the criminal prosecution can be evidence in the civil case.
    Answer Applies to: Indiana
    Replied: 1/6/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You can't. It doesn't work that way. If you are requesting a civil trial, that means you are suing someone. In a criminal case, the district attorney's office presses charges against somebody.
    Answer Applies to: New York
    Replied: 1/6/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    There isn't any way, unless it arises from contempt of court. You need to take the criminal case to the prosecutor. If you are talking about a criminal proceeding that has already occurred, you need to get a certified copy of the judgment in the criminal case. The judge can accept that as evidence as what occurred in the criminal proceeding.
    Answer Applies to: Idaho
    Replied: 1/6/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Your lawyer will answer that question perhaps. Depends on the circumstances. sometimes a judge will dismiss a civil matter if he knows it is being taken care of in criminal court. criminal judge might do the same. They have a lot of discretion and a lot of power.
    Answer Applies to: North Carolina
    Replied: 1/6/2014
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    The best way is for you to contact the police, fill out a report. The police then refer the case to a prosecutor, who then decides whether or not to file criminal charges. A judge does not do that because it is the job of the judge to remain impartial.
    Answer Applies to: Washington
    Replied: 1/6/2014
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    You don't. The parties are different, the standard of proof is different. In a civil case, it is entitled YOU (the Plaintiff) versus THE OTHER GUY (the Defendant). You must prove all the elements of your case "by a preponderance of the evidence" which means like 50.0001%. In a criminal case, it is entitled The People of the City of (fill in the blank) or The People of the County of, or the People of the State of, versus the Bad Guy. The prosecutor must prove all of the elements of the crime BEYOND A REASONABLE DOUBT." In a civil case, you sue for money and in a criminal case, you sue to put someone in jail. Sometimes there is a criminal fine in a criminal case, but that can be along with or instead of jail time.
    Answer Applies to: Michigan
    Replied: 1/6/2014
    Ascheman & Smith | Landon Ascheman
    You can't. You can only report it to the police and hope that they pursue criminal charges.
    Answer Applies to: Minnesota
    Replied: 1/6/2014
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