If I take a plea deal that lets me out of prison, instead of going to court for a trial,
Dayton, OH |
I would like to take my case to trial, yet the prosecutor offered me time served, if I take the time served and don't go to trial, can I take this case to civil court. or do I have to be found not guilty by a jury.
(Note: I am not licensed to practice in your jurisdiction.) When you accept a plea, you admit your guilt and the conviction goes on your criminal record. Consider that carefully before taking such action, as it could have future ramifications for jobs, benefits, other rights, etc. Do not accept advice from the DA on the pros and cons of their offer as they are not your advocate and are not there to serve your best interest. You need to consult with a lawyer in your area before accepting the plea. If you cannot afford a lawyer, you can ask the court to appoint one for you.
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There is no way to transfer a criminal case to a civil docket for trial. Criminal litigation and civil litigation are very different with different rules of procedure and different burdens of proof. If you intend to conduct a jury trial without an attorney -- you should know that the odds of you winning a jury trial without an attorney are very, very low.
You should seek representation from an attorney before you make a mistake that could damage your future and/or cost you years of freedom.
Typically a conviction hurts your chances of being successful in a civil case. It depends on what the civil case would be for and who it would be against. You should consult privately with an attorney who can tell you whether the time served is a good idea or not. Keep in mind that if you win the trial they can't give you jail. I practice in the Dayton area and would be interested in discussing your case with you if you do not have a lawyer. Good luck.
Attorney Chris Beck
Beck Law Office, L.L.C.
The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner
I am not an Ohio lawyer, but I would not get your hopes up for filing and winning a civil action if you decide to plead guilty in the criminal case. The guilty plea is obviously an admission of guilt and would undoubtedly hurt your chances in a civil lawsuit. I am assuming you have a lawyer representing you on the criminal case? Make sure to ask them these questions, especially as to whether or not you should take the deal.
Anthony Muhlenkamp - 314-725-7777; firstname.lastname@example.org, Frank, Juengel & Radefeld, Attorneys at Law, P.C. Feel free to call or email me for a free consultation.
However, please be advised that answering questions on this webpage is done to provide general information only and that by responding to a question we have not established an attorney client relationship. In order to establish such a relationship we would need to meet in person and go over more details of your case. Thank you.