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Old 07-12-2007, 12:50 PM
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Legal question

This may sound stupid (sorry), but if there is a civil hearing/trial, can a person go to jail? (money involved)

TIA!
Suzanne
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Old 07-12-2007, 01:06 PM
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Originally Posted by sphillips9 View Post
This may sound stupid (sorry), but if there is a civil hearing/trial, can a person go to jail? (money involved)

TIA!
Suzanne

If you are talking strictly a civil matter (personal injury, not fulfilling contractual obligations, landowner disputes, etc.) I *believe* that the answer is no.

Unless of course, it is discovered during the course of the hearing/trial that an illegal act was committed and then that act can be prosecuted (but does not necessarily have to be.) I'm sure there are more here w/ more in depth knowledge than I, but from my understanding civil court and criminal court are two seperate and distinct entities. They can cross paths (see OJ Simpson: Not guilty in criminal court of murder, but a civil court felt he was the cause of the two deaths and awarded the victims families a lot of money), but do not necessarily have to.

Criminal cases are based on evidence beyond a reasonable doubt, civil cases are not.
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Old 07-12-2007, 02:31 PM
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NB is correct. ( Did I just say that??)

Since you asked about Money involved- No, there is no debtors prison. A lot of people fall victim to collection agencies calling and telling the debtor they will go to jail if they do not pay.

During the course of a CIVIL trial if CRIMINAL acts are found, the DA cannot start prosecuting for the crime. He must file charges, there has to be an arraingment, and a date on the calendar set- just as if the crime had just been discovered. Additionally, MOST judges will not allow the evidence presented in the CIVIL trial to be USED AGAINST the defendant charged with the CRIMINAL act. The police would need to START an investigation using other means to have reason to charge with a crime.

An attorney with a lick of sense would have the testimony from the CIVIL case sealed before a criminal case started.

In the same token that had OJ stood up at his CIVIL hearing and said " I KILLED THEM!! HAHA HAHA!" Absolutely NOTHING could have been done about it. He was already relieved of the charges, and to re-try him is double jeopardy.

Suzanne, if you would like to PM the specifics of your question, I can try and answer it to cater to YOUR situation better. I am speaking ONLY in general terms here.
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Old 07-12-2007, 02:56 PM
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NB is correct. ( Did I just say that??)

.

You know? There are posters all over this board who are sitting in front of their computers and they are wondering if the end of the world is near because of that statement!
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Old 07-12-2007, 03:30 PM
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You know? There are posters all over this board who are sitting in front of their computers and they are wondering if the end of the world is near because of that statement!


Making a list of all the things I said I would do when H*ll froze over. Thanks alot you two! Now I am going to have to do a lot of things I never planned on doing!

J/k



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Old 07-12-2007, 06:16 PM
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Originally Posted by Cici View Post
During the course of a CIVIL trial if CRIMINAL acts are found, the DA cannot start prosecuting for the crime. He must file charges, there has to be an arraingment, and a date on the calendar set- just as if the crime had just been discovered. Additionally, MOST judges will not allow the evidence presented in the CIVIL trial to be USED AGAINST the defendant charged with the CRIMINAL act. The police would need to START an investigation using other means to have reason to charge with a crime.
Can I ask what state you're in? I've practiced law for over 20 years in Virginia and I've never heard of this!
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