Natchez, MS asked in Criminal Law and Environmental for Mississippi

Q: Can you be a victim and a suspect in the same case

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Environmental Law Lawyer
  • Little Neck, NY

A: Yes, this can happen in a countless number of settings. Since your question is in the Environmental category, here is an illustration of how the scenario you describe might materialize. A crew member of the deck department of a ship is on navigational watch as the ship transits a channel. He strikes a submerged wreck that causes a discharge of oil from one of the ship's cargo tanks. He is criminally prosecuted under federal oil pollution laws. The wreck was improperly marked on the chart he was using and he claims he had no reason to believe the wreck was where it actually was. He brings a third-party action against the entity that prepared the navigational chart. He is a defendant in the matter, but he claims to be a victim, as phrased in your question, due to the chart error that was not in his control.

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.