How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Loren Your Own Question

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 21459
Experience:  30 years experience representing clients.
17897874
Type Your Legal Question Here...
Loren is online now
A new question is answered every 9 seconds

If you have a civil case, and get arrested and convicted of

Resolved Question:

If you have a civil case, and get arrested and convicted of a crime, can they use it against you in the civil case?
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question and provide excellent service.

Typically, no. It is not evidence of your guilt in a different case. However, it can be used to attack your honesty or credibility of your testimony.

I hope this is helpful. If you have more follow up questions please let me know. It is never a problem.

Thank you.

Loren
Customer: replied 1 year ago.

well that's what I mean. How can they use it to attack your credibility? so they CAN use a criminal conviction against you ?

Expert:  Loren replied 1 year ago.

Thank you, XXXXX XXXXX following up with me. Here is the applicable federal rule: http://www.law.cornell.edu/rules/fre/rule_609 I hope this is helpful to you. Loren

Customer: replied 1 year ago.

why would it be a federal rule? its a state civil case?

Customer: replied 1 year ago.

Where did you get my name?

Expert:  Loren replied 1 year ago.
The federal rule is the model for most state rules.

Your first name is XXXXX XXXXX my page. I do not see the same screen as you do.
Customer: replied 1 year ago.

Actually federal laws say you can use criminal past to attack credibility but see here in MT law


 


Rule 609. Impeachment by evidence of conviction of crime. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime is not admissible.


 


so I am trying to get the facts...


 


 

Expert:  Loren replied 1 year ago.
Montana is a jurisdiction which deviates from the federal rules and would not allow such impeachment. If you are in Montana you would not need to worry about it being raised for impeachment.

Loren
Customer: replied 1 year ago.

hmm so state to state it is different. ok thanks, XXXXX XXXXX CA civil? do they go with the federal or ?

Expert:  Loren replied 1 year ago.
California follows the federal rule more closely:


788. For the purpose of attacking the credibility of a witness, it
may be shown by the examination of the witness or by the record of
the judgment that he has been convicted of a felony unless:
(a) A pardon based on his innocence has been granted to the
witness by the jurisdiction in which he was convicted.
(b) A certificate of rehabilitation and pardon has been granted to
the witness under the provisions of Chapter 3.5 (commencing with
Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(c) The accusatory pleading against the witness has been dismissed
under the provisions of Penal Code Section 1203.4, but this
exception does not apply to any criminal trial where the witness is
being prosecuted for a subsequent offense.
(d) The conviction was under the laws of another jurisdiction and
the witness has been relieved of the penalties and disabilities
arising from the conviction pursuant to a procedure substantially
equivalent to that referred to in subdivision (b) or (c).
Loren, Attorney
Category: Legal
Satisfied Customers: 21459
Experience: 30 years experience representing clients.
Loren and 6 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thanks!

Expert:  Loren replied 1 year ago.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Loren" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-Loren/
          

Best wishes and good luck to you.

If it is not too much trouble, Mary, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
Customer: replied 1 year ago.

ok thanks, XXXXX XXXXX new question

Expert:  Loren replied 1 year ago.
What is the question?
Customer: replied 1 year ago.

Once you become a 'felon' does that include felony misdemeanors? Do you lose your passport forever?

Expert:  Loren replied 1 year ago.

Thank you, XXXXX XXXXX following up. There is no such thing as a felony misdemeanor. Felony and misdemeanor are two classifications of crimes. With regard to a passport, that is something that would depend on if the felon was still on probation and what the person was convicted of. For more information you would have to contact the US Department of State with more information about the felon. See the following link: http://travel.state.gov/ Thank you. Loren

Loren, Attorney
Category: Legal
Satisfied Customers: 21459
Experience: 30 years experience representing clients.
Loren and 6 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Loren
Loren
6134 Satisfied Customers
30 years experience representing clients.