Sunday, October 12, 2014

When requesting a civil trial what is the best way to request criminal prosecution be considered by civil court judge?

Question

When requesting a civil trial what is the best way to request criminal prosecution be considered by civil court judge?



Answer

Judges do not determine criminal prosecution, that is done by the district attorney. A judge can impose sanctions for violations of the court or litigation rules. To make a criminal complaint speak to the police or district attorney.



Answer

I agree with Mr. Selik and would add that if you are representing yourself in civil court, you are expected to know and adhere to all the rules that apply to us lawyers. It is a violation of the Rules of Professional Conduct for us to use criminal charges to gain leverage in a civil matter. Although you cannot be disciplined or disbarred for violations of the Rules, since you are not a lawyer, you can be pretty sure of pissing off a judge if you blatantly violate them.



Answer

If what you trying to do is introduce a conviction into a civil trial, you need to consult with attorney to do this right or if it can be done at all in the case you have



Answer

That's not how it works. Judges have no say in whether somebody is prosecuted. That's true of judges in both civil and criminal courts.

Whether to charge somebody with a crime is up to the prosecutor. Prosecutors work for the executive branch of the government. Judges work for the judicial branch. They would violate the constitutional separation of powers if they tried to perform an executive-branch function.

You really should get a lawyer to represent you in your civil case, or at least to consult with you. If you don't understand how the legal system works, you will almost certainly make serious mistakes that will weaken your case or cripple it entirely.



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