You file a motion to stay the civil proceeding citing to the pending criminal action. An attorney would be helpful to assemble a motion because he can research cases that support the idea that a pending civil cannot proceed simultaneously with a criminal action because of the unfair discovery advantage.
However, matrimonial actions will not stay while a criminal action is pending for a domestic vioence charge or charges. The idea here is to pressure the defendant into tanking his case (or both cases) to speed the matter to resolution.
So by not telling us the nature of your cases, you have an innaccurate answer.
You can make a motion to stay the civil case but the Judge has discretion whether or not to grant it.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
Any legal strategy is an art form, not chiseled in stone, not guaranteed, not certain and yet, requiring legal skill, procedural knowledge and exact timing.
I understand what you are trying to achieve, yet, as you may correctly infer, both of your cases require a criminal defense attorney and competent civil litigation counsel to facilitate your objectives by coordinating both cases timelines to the most beneficial result for you.
The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding.
Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction.
The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales.
Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues.
Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact:
Attorney Alexander Ivakhnenko
1021 West Adams, 102, Chicago, Illinois 60607