Criminal Proceedings Can Impact Civil Suits
In certain situations, a particular incident might give rise to both criminal charges and civil liability. Oftentimes, the criminal justice process begins before civil lawsuits are filed, since people are typically cited, arrested, or otherwise caught up in criminal investigations before lawsuits are filed. However, criminal proceedings can impact civil suits, and it is important to keep some things in mind to shield yourself from even inadvertent admissions made during the criminal process which can impact subsequent litigation.
Statements and Pleas
One of the biggest ways that criminal proceedings can impact civil suits is because statements and pleas made during the criminal justice process might be used in subsequent civil litigation. A common situation in which this occurs is with car collisions. After a car accident, it is not uncommon for the party who caused the accident to be issued a summons for some kind of traffic offense or other crime. Since the consequences of some minor traffic offenses are not that major, a defendant may just plead guilty to the offense and pay the small fine or accept another punishment associated with the offense.
However, the plea can be used against someone at a later time. Indeed, a litigant may be able to use a guilty plea to show that a person was driving negligently when causing the accident and this can be detrimental to the driver during subsequent litigation. Sometimes, it is possible to place a civil reservation on the plea, which will minimize the impact a guilty plea can have on subsequent litigation, but civil reservations can usually only be used in certain circumstances. As such, it is oftentimes advisable to contact a lawyer about civil liability following a car collision or other incident to ensure that a party is protected in the event of both criminal and civil consequences from a given incident.
Negligence and Breaking the Law
Another way how criminal proceedings can impact civil suits is that statutes can be used as a duty which forms the basis for negligence. Generally, in order to provide negligence, the plaintiff needs to show that there was a duty, a breach of this duty, and that this breach caused the plaintiff to suffer damage. In certain situations, laws can provide the duty, and breaking the law, can satisfy the first two elements of proving negligence.
Not all violations of the law will form the basis of negligence liability. In order to form the basis of negligence, a law usually needs to be aimed at protecting the class of people that the plaintiff is in. In any event, a finding that someone broke the law can give rise to significant legal liability, so individuals need to think about civil liability that might attach to criminal charges and traffic offenses.
Evidence Gathering
Criminal proceedings can also impact civil suits in the way that evidence and information is gathered during the criminal justice process. During criminal proceedings, people usually give testimony under oath, either at trial, during the grand jury process, to investigators, or in other ways. In addition, materials are also often exchanged during the criminal justice process since many types of materials may be relevant to a given criminal case. Furthermore, photographs, video recordings, and other evidence may be a part of a criminal case.
Information conveyed during a criminal case can usually be obtained by people who wish to pursue civil recoveries for activity that is also subject to criminal investigations. For instance, testimony that is taken in open court and any exhibits that are introduced at trial are often accessible to the general public. In addition, other information related to criminal procedures can be accessible through freedom of information act requests and state analogs to this process. As a result, criminal defendants should speak to their counsel about how information exchanged during the criminal justice process can impact civil suits at a future time.
Convictions and Credibility
An indirect way that criminal proceedings can impact civil suits is with the credibility of witnesses. In certain instances, a criminal conviction can be introduced in order to prove that a person is not honest or trustworthy. The rules regarding the admissibility of a criminal conviction vary for jurisdiction, but oftentimes, convictions that might have an impact on the jury’s perception of someone’s honesty and trustworthiness might be admissible to impact a witness’ credibility at trial. The testimony of a witness that has a criminal conviction might not carry as much weight as the testimony of a witness that does not have a criminal conviction, depending on the circumstances of the conviction. As a result, criminal convictions can have a substantial impact on a case, especially if the testimony of a given witness will be critical to prove or disprove an essential element of a case. As a result, it might be important to discuss with counsel whether a criminal conviction can be used to impair one’s credibility in a subsequent civil action.
The Rothman Law Firm is experienced with all kinds of litigation matters, including the impact that criminal convictions can have on civil matters. If you are looking for an experienced New York and New Jersey lawyer to handle your lawsuit or other legal issue, please feel free to contact The Rothman Law Firm to request a free consultation.