Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

I was found not guilty of battery but convicted of simple assault

in 2010 from an incident...
I was found not guilty of battery but convicted of simple assault in 2010 from an incident that occurred in 2009. The plaintiff sued me in civil court for over 1.5M. She settled for 13,500 in Apr. 2013. I feel she extorted money from me because I was convicted and because she was pregnant at the time. This whole case has cost me over $25k. I was accused and charged of something I didn't do. I acted in self defense against her physical actions against me. At trial she did not mention: ANY injuries, medical issues or concerns, and did not mention she had any doctor bills. The officer denied that she ever told him she was in pain, injured, or having contractions. The officer also denied her "new allegations" of me pushing my stroller into her stomach and causing her to fall. He did say she denied medical attention. It was made clear by the judge that there were no injuries. I feel the jury convicted me based off of their emotions because she was pregnant.

In the civil case she claimed she had a difficult delivery, $1000 chiropractic bill, and some arm injury which she could never produce any medical records for.

I settled because I could not afford the financial hardship this was causing my family or the emotional and physical stress. I was forced to pay her to avoid the threat of another trial and additional legal fees. And at the time I felt it was best to pay her to make her go away.

Do I have an extortion case or not?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 16 minutes by:
7/12/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified

Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Are you online with me?

Alex Esquire :

It appears that you are currently offline. Please let me know when you are back online and I will be happy to answer your question.

Customer:

I'm online.

Customer:

I'm not sure if this is the correct website that should answer my question since I just realized its criminal law specific. Since I would be the plaintiff this time if I have a case, I'm not sure how my question fits in.

Alex Esquire :

Are you online with me?

Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

I am sorry to hear about the unfortunate situation that you had to go through.

Alex Esquire :

I have carefully reviewed your question and the facts you have stated in it and unfortunately, I am afraid I do not have good news for you.

Alex Esquire :

If you were found guilty of a simple battery on this person in the criminal case and the you also voluntarily settled this person's claim in the civil case, there generally would not be any legal option to pursue a legal action against this person for any damages based on alleged extortion.

Alex Esquire :

Does this make sense?

Customer:

I had no choice to settle though.

Alex Esquire :

I completely understand and understand how this might not seem fair, but the law is very clear on the issue and if you had any legal claim against this person, you did have a chance to file a counter-claim against this person in the civil lawsuit that was initially filed against you.

Customer:

She created all this stuff after the fact, so she could get money in a civil case.

Alex Esquire :

I understand, but unfortunately, the time to dispute the alleged claims was during the civil case and the criminal case.

Alex Esquire :

I am sorry to provide you with bad news, but please understand that I do have professional obligation to provide each JustAnswer.com customer with correct information, even if the information is not favorable to the customer.

Alex Esquire :

I also encourage you to consult with a local attorney , who can review your entire situation and all the related documents and facts, but unfortunately, I am afraid based on the limited facts you have provided here, the answer you would get will be similar to the one I provided you with.

Alex Esquire :

Do you have any related follow up questions for me?

Customer:

Right, I understand thank you. I wanted to file a counter but the lawyer I chose did not want to and brought up other things that did concern me if I did. But I'm green in all of this and figured they knew best. I do regret my choice in counsel but what's done is done. Thanks for your time, and I believe this helps me move on.

Alex Esquire :

Once again I am very sorry for what you had to go through and I do wish you the best of luck!

Customer:

What is your thought on filing anything against my homeowners since they didnt defend me.

Alex Esquire :

Homeowner's insurance would not cover any incident / claim based on willful or intentional act.

Alex Esquire :

So I am afraid there would not be a legal claim against the homeowner's insurance under the facts you have described.

Customer:

Even if general negligence was also involved.

Alex Esquire :

correctr

Alex Esquire :

correct

Customer:

Ok, thank you.

Alex Esquire :

I wish you the best of luck. Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Customer:

Ok, thank you.

Alex Esquire :

Thank you and God bless you!

Customer:

God Bless You.

Alex Esquire :

I wish you the best of luck. Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Ask Your Own Criminal Law Question
Dear Monik,

I wish you the best of luck. Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified
Alex J. Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Alex J. Esq. Your Own Question
Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
16,742 Satisfied Customers
Experience: Experienced Licensed Attorney / Criminal Law Mentor

Alex J. Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
How can I get photos and trial transcripts from my husband's
how can I get photos and trial transcripts from my husband's criminal trial? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Should a criminal case be stayed or request for later
Should a criminal case be stayed or request for later pretrial hearing for premarked exhibits if there are pending proceedings for two civil cases related to a federal criminal case that may change th… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,723 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I was thinking of buying a stun gun for self defense while
i was thinking of buying a stun gun for self defense while traveling in our car. If I use it on an attacker and he dies, what are the consequences?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Is self defense a defense against a harassment charge? If
hello, is self defense a defense against a harassment charge? If someone comes onto your property and threatens you with a handgun, I'm thinking that yelling at them and standing between them and a me… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can we extend court trial date just before two days of trial
Can we extend court trial date just before two days of trial date. If Yes what are the possible reason may judge and state attorney agreed for extension.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can you keep a stun gun in your vechicle for self defense?
Can you keep a stun gun in your vechicle for self defense? Can you keep it in your house when several people who live there are on felony probation. I am not a felon … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Criminal (murder) trial in progress in San Diego. My
Criminal (murder) trial in progress in San Diego. My daughter lives in Kansas. The paralegal for the DA sent her an email "subpoena" - must she attend? California Penal Code 1330 seems to rule out the… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x