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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23153
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have several motions of contempt of court against my

Customer Question

I have several motions of contempt of court against my daughters mother and the current judge has yet to hear any of them. There have also been 3-false police reports filed by mother and I was wondering if those issues can be heard in the civil portion of my custody case. The three false criminal charges are all based in Indiana, with all three not having merit and one of the issuing police officers agreed. The case is going to be heard civil wise on april 18th with the criminal side being in its final pre trial conf. on the 24th. Would you recommend the current civil judge to talk to the criminal judge to dismiss three bogus claims of criminal activity if proven to the civil judge deception by mother/
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Submitted: 6 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 months ago.


My name is ***** ***** I will assist you with this question.

If only it worked this way. . .

But it doesn't. The civil judge is not going to interfere in your criminal proceeding. The criminal case is not the judge's case to dismiss. It is the prosecutor's case, and the judge cannot dismiss it without his or her consent.

Expert:  Zoey_ JD replied 6 months ago.

The prosecutor brought the charges because he believes he can prove the case beyond a reasonable doubt. He's entitled to try to do that. Also, the burden of proof is much different in civil court than in criminal, so different standards of judgment apply.

What you can and should do if it's found in civil court that the criminal allegations are without merit is bring that to the attention of your lawyer, who in turn can bring that information to the prosecutor and the judge and press hard for a dismissal.