If I was arrested on suspicion of burglary but then released with no charges filed, can the victim still take me to court for damages?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was arrested on suspicion of burglary but then released with no charges filed, can the victim still take me to court for damages?

It was burglary first degree; no charges were filed and now I’m being harassed about the damages by the victim.

Asked on May 3, 2012 under Bankruptcy Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes: the alleged victim could sue you for damages. The criminal law system and the civil system (i.e. lawsuits) are  completely separate--while a judgment in one can often be introduced as evidence in another, you can be convicted of a crime while not being sued or winning of a lawsuit, or be successfully sued if not prosecuted or convicted.

So in the first place, an adjudication in the criminal system does not control what happens in the civil system, and since the standard of proof is significantly lower in the civil system than in the criminal (preponderance of the evidence, or more likely than not, versus beyond a reasonable doubt), it's not uncommon for someone who did not face criminal liability to nonetheless face civil liability--OJ Simpson springs to mind (acquitted of criminal charges, but lost the lawsuit).

Moreover, you say no charges were filed--that means that your criminal matter was never sent to court, and thus there is no adjudication whatsoever. All that happened is that the prosecutor decided to not prosecute, which has no bearing on what the alleged victim may do.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption