I pled guilty to a misdemeanor but I was also trying to file charges against the victim but the police would not let me, what can I do now?
Question Details:
I was involved in altercation in VA. I accepted a plea of simple assault. I wanted to press charges against the "victim" for hit and run and assault with deadly weapon. However, the police would not allow me to at that time. Am I allowed to press charges since my car was damaged and was not drivable and I have $4,000-$5,000 in hospital bills? What do I do and how do I start this process?
I recommend that you contact the OH State Bar Association or the local bar association in the city or county you live in about their lawyer referral service.
The general rule is that a private citizen cannot file criminal charges against another citizen. If you were arrested as a result of the incident, then the police must have investigated it and made a decision with respect to who to arrest, and who not to arrest. If the police decided not to arrest the other party, then from a criminal perspective, the matter is over. If you feel that the other party may be liable to you for your damages, you may be able to file a civil suit against them. I suggest that you consult with a local attorney to determine the merits of any potential civil claim that you may have. Good luck.
