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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16628
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I was accused of several crimes by my ex in a civil lawsuit

Customer Question

I was accused of several crimes by my ex in a civil lawsuit filed against my university. At this point i am not the defendant in the lawsuit. However, I am worried that at some point either the university or the DA might push criminal charges against me
because of the seriousness of the allegations? my ex alleges that i committed all these crimes 4 years ago. Is there a possibility that the uni or the DA for pressing criminal charges based on the allegations made in the civil lawsuit? Also i consulted a local
criminal defense lawyer regarding this case and he thinks there is a higher that they might push for criminal charges and asking me to pay $2000 for the pre-indictment phase of the case. Can i believe what ever he is saying and is the fee reasonable?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your questions.

I am sorry to hear about this unfortunate situation.

Generally, any evidence / records from a civil lawsuit can be used in a criminal case related to the same matter and it is possible for the victim / plaintiff to report any alleged crime to the DA office and the DA will conduct an investigation and will determined whether to pursue criminal charges against alleged perpetrator of the crime(s).

While $2,000 pre-indictment retainer is more than reasonable, especially if the potential criminal charge is a felony, however, it is up to the person who might be criminally charged whether to hire local criminal defense attorney prior to the arrest and criminal charges, since the accused can always hire an attorney once an arrest is made and charges are filed (otherwise the person subject to potential criminal charges might simply waste his/her money paid for the pre-arrest / indictment retainer).

I wish you the best of luck!

Customer: replied 1 year ago.
Hello attorney alex,Thank you for your prompt response, appreciated! Is it possible that the DA office might push criminal charges with out any report from the plaintiff or victim? And will the DA office will wait for the civil lawsuit to conclude prior to pushing the criminal charges? In my situation i am not the defendant, it was my university. and the plaintiff is my ex gf. And she alleges that the uni is retaliating against her because she filed a complain against me back in 2012 with the university disciplinary committee, which she retracted by herself. Since she failed in her phd exam, she filed this lawsuit and also mentioned me and made several allegations against me, but didn't inlcude me as a defendant. she is expecting damages from the uni and asking the uni to take her back into the phd program.with respect to the defense attorney, he says that he could get the prior info from my uni and the DA office if they are willing to press any criminal charges against me. Is this really possible?
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

What is the nature of the allegations and were any of these alleged crimes reported to the police ever?

Customer: replied 1 year ago.
She made all the allegations she could find on the book including physical and verbal abuse, sexual assault, etc. No, she never reported them to the police. She complained to the university 4 years ago, but she retracted them. Now she alleges that she retracted them because i forced her to. And she thinks she couldn't perform well in the academics because of my offenses. And now she complains that uni didn't take appropriate action against me at that point of time. So she is seeking damages for all these reasons.
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

In some cases, the judge or the attorneys involved in civil lawsuit can in fact refer a case to the DA for criminal prosecution and DA does not have to wait until civil case is concluded, since they would be two separate cases, one civil against the university and another criminal against the alleged perpetrator of the crimes.

I wish you the best of luck!

Customer: replied 1 year ago.
is it really possible for the defense attorney to know before hand if my uni and the DA office are willing to press any criminal charges against me?
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Local defense attorney can contact DA's office and also attorneys for the university and discuss whether there might be any criminal charges coming down the pip in the future, however, the DA or university attorneys do not have to disclose such information, so there is no guarantee that local defense attorney will be able to obtain any information before criminal charges (if any) are filed.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 1 year ago.

Please let me know if you have any related follow up questions?
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