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Loren, Attorney
Category: Legal
Satisfied Customers: 28524
Experience:  30 years experience representing clients.
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If you have a civil case, and get arrested and convicted of

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If you have a civil case, and get arrested and convicted of a crime, can they use it against you in the civil case?
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.

Customer: replied 3 years 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 ?

Thank you, XXXXX XXXXX following up with me. Here is the applicable federal rule: I hope this is helpful to you. Loren

Customer: replied 3 years ago.

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

Customer: replied 3 years ago.

Where did you get my name?

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 3 years 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...



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.

Customer: replied 3 years ago.

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

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 and 5 other Legal Specialists are ready to help you
Customer: replied 3 years 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):

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 3 years ago.

ok thanks, XXXXX XXXXX new question

What is the question?
Customer: replied 3 years ago.

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

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: Thank you. Loren

Loren and 5 other Legal Specialists are ready to help you