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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111567
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My Partner and I are looking to file a civil lawsuit against

Customer Question

My Partner and I are looking to file a civil lawsuit against a former Partner for fraud and embezzlement. The claim was investigated by Michigan State police Detective and handed to the Kent County Prosecutor. He indicates its more of a civil matter. IS there an attorney that can help with this ? Roughly 50 grand was stolen and intentionally hidden with false entries in our business financials. The Detective says its a slam dunk case.
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that state law forbids any expert on this site from actually representing you or any other customer on the site. If you need local counsel, please use the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
Customer: replied 4 months ago.
Just wondering of the process, and also if there is anyway to push the local prosecutor.
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply and clarification.

If a prosecutor determines that a matter is best being brought as a civil matter that is part of their discretion. Under law, the prosecutor's office decides who to charge and what if anything to charge them with when it comes to criminal offenses and their decision is final. So if a prosecutor decides it is a civil matter, then all you can do is file suit in civil court. However, if the prosecutor has not made a final determination yet then you can go meet with the prosecutor to try to convince them that a civil suit would not remedy the situation (for example the partner may not have any assets that you can recover the money from), but ultimately the prosecutor has the final word. Sometimes it has to do with the lower burden of proof in civil court, just a preponderance of the evidence, whereas in criminal court they must prove he stole the money beyond a reasonable doubt and if he presents any evidence that could show he may have had a right to the money that could be enough reasonable doubt to have him found not guilty. Whereas, the proof in civil court is less (think of OJ being held liable in civil court for Nicole's death, but not guilty in criminal court) and you could prove a case in civil court against him for damages.

If they determine it is a civil matter, then you would need to file suit yourselves in court with a local attorney.

Expert:  Law Educator, Esq. replied 3 months ago.
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