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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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Law ONLY (Chesterfield County) If a victim (me) takes a

Customer Question

Virginia Law ONLY (Chesterfield County) If a victim (me) takes a defendant to court himself (not via police), is the victim subject to a counter-suit by the defendant if the victim loses in court, or for any reason the defendant might have to countersue?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

The answer is yes. The defendant may counter sue for defamation of character, which is most common. Though they also could counter sue for a malicious tort case being brought by you. Of course, the truth is the defense to defamation. And many times a defendant will counter sue or threaten the same merely to continue to harass and intimidate the victim.

Please let me know if you have other questions in this regard. I can only provide information for what you ask and I cannot guess what that information is.

Thank you.

Customer: replied 1 year ago.
Thank you but I was expecting a response from Virginia Bar practicing attorney--not one with Maryland credentials Unquantifiable Virginia criminal law experiences may be dramatically different than the those in Maryland. I just don't know and I do not know why they assigned this question to you. mike :(
Expert:  Samuel II replied 1 year ago.

Thank you.

The information I have provided is the law in VA. Civil law and the basis for suits are generally the same in every state - but for some minor procedural rules.

My information is true and correct. I suggest that you might want to review this link from the National Crime Victims Association on civil suits. The basis for the suits and the counter suits are the same through out the country.

If you are not happy however with my true and correct information I will opt out and your deposit will stay in tact.

Let me know.

Thank you.

Expert:  Samuel II replied 1 year ago.

Again, the basis are the same nationally. The claims for a tort or a counter suit are the same Nationally. Some states have different rules of procedure when dealing with the filing of Motions, etc. And Va may have rules of that nature different from MD. However, if you have questions in regard to the procedures and not the basis for counter suits, I also can direct you to those VA statutes.