Home > Research Legal Advice > Criminal Defense > If i am found not guilty in a jury trial, can the public defender revers...
Asked about 3 years ago - Porterville, CA
Flagthe plaintiff has lied about the charges in a criminal case thats pending. he has also lied twice in small claims about the vandalism of my property. i won the judgement on some items but not on the vandalism. can i open a civil case on charges of the abuse to me and my children and vandalism before or after my jury trial against me in the criminal case? i have a witness stateing he admitted to her the vandalism as well as a witness stating he tried to bribe him to sign a court documnt for sevice of a restraining order, which he did not serve or sign. my pub. def. did not subpoena these people, tho i had made a list. should he?
The public defender should subpoena these witnesses to your criminal trial. You should contact a civil litigation attorney to discuss the viability of the an abuse of process claim. You would want to show money damages, which may be difficult.
The fact that the complaining witness against you has admitted fault to a third party is a direct impeachment of any statement he gave to the police at the outset of the case, and is highly relevant to your guilt or innocence.
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