Can I be arrested for criminal charges after civil claims were dismissed?

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Can I be arrested for criminal charges after civil claims were dismissed?

If a civil case against me in small claims was voluntarily dismissed without prejudice from the plaintiff after the

scheduled court date that I did not attend, can criminal charges then be filed? wouldnt this be considered

malicious prosecution or abuse of process since it seems the only reason criminal charges were filed was due to the plaintiff not receiving the outcome they were hoping for with the civil case since I was a no-show?

Asked on August 5, 2019 under Criminal Law, Kentucky

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The civil case can be reinstated because it was dismissed without prejudice. If it had been dismissed with prejudice, it could not be reinstated.
Any criminal charges / criminal case is a separate matter from the civil case (lawsuit). Whether the criminal case is malicious prosecution depends on what the criminal charges are.


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