Friday, January 22, 2010

Is it possible to lose a criminal case, but win a civil case?

My family is involved in an embezzlement case and although we have some substantial evidence, I still wonder if we'll lose the criminal case, which requires the evidence to show beyond a reasonable doubt. Is it possible or likely that in a situation where evidence is substantial but not overwhelming, that a civil case would award monies in excess of 100,000 embezzled over 15 years?Is it possible to lose a criminal case, but win a civil case?
The standard of proof in a criminal case is ';beyond a reasonable doubt.'; The standard of proof in a civil case is ';upon a preponderance of the evidence.'; A lower standard. So the exact evidence in a criminal trial that fails to meet the higher standard is often enough to sustain a judgment for plaintiff in a civil trial. But it is not always enough. Your attorney should advise you if it is or is not in his or her opinion.





By the way, you didnt lose the criminal case. You are really not a party to a criminal case. The state is. You are a complainant or victim.





Just a clarification for ya.Is it possible to lose a criminal case, but win a civil case?
Talk to OJ
YES!!!
Sure, Ron Goldman's family lost the OJ trial but won the civil case.
A good example of this situation is the O.J. Simpson case. He was acquitted in the criminal case but found civilly responsible in a separate civil action filed by the Goldman and Brown families.
that's what happend to o j Simpson,
It happened in OJ's case. He was acquitted of murder, then found responsible for wrongful deaths. The standard of evidence is a lot lower in civil cases than criminal.





P.S. I swear I hadn't read other people's answers before writing that. Otherwise I would not have been the 10 millionth person to cite OJ. :)
Well, only a defendant can lose a criminal case -- and if they do, then it's pretty much a guarantee that they will also lose the civil case (if its related) since the criminal conviction will be admitted against them as a determination of their civil liability.





But the reverse is easy -- a defendant being acquitted, but losing a civil case on the same issue -- because the criminal case has a higher standard of proof -- beyond a reasonable doubt -- than the civil standard of ';more likely than not'; (preponderance of the evidence).





Other than a defendant or the govt -- nobody can be said to ';win'; or ';lose'; a criminal case -- because the govt and the defendant are the only two parties. But if you are the victim, and counting yourself on the govt side -- then yes, it's possible for the defendant to win the criminal case, but lose the civil case you file after that.
Yes. If someone is acquitted of a crime, they can still be found liable in a civil case based on the same incident.





This is what happened to OJ Simpson, who was acquitted of murder in a criminal case, but was found liable for causing the death of Ronald Goldman in the civil lawsuit.
OJ Simpson ring a bell?

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