Chicago, IL asked in Civil Rights and Criminal Law for Illinois

Q: If a case was dismissed either with or without prejudice in criminal court, can the defendant still be pursued in civil?

The defendant was given 30 hrs of independent community service and 2 months of no contact with myself the plaintiff. I was told the case was dismissed, however I don’t know if it was with or without prejudice. I am now suing the defendant in civil court and want to make sure I can go forward with this even though the case was dismissed in criminal court?

Related Topics:
1 Lawyer Answer
James G. Dimeas
James G. Dimeas
  • Criminal Law Lawyer
  • Schaumburg, IL
  • Licensed in Illinois

A: Just because a criminal case was dismissed in criminal Court does not mean that you cannot pursue legal action in a civil Court. So you should have no problem going forward with a civil lawsuit.

Juan Ooink agrees with this answer

1 user found this answer helpful

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.