Q: Can I file a lawsuit against someone who stole property from my house? The DA is dragging their feet
I cannot get the DA nor the DA's investigator to answer any calls or emails. The officer involved is frustrated as well. This has been going on for over six months and no charges have been brought
A:
The answer is "yes", but I would speak to the prosecutor handling your case before filing your civil suit.
A civil lawsuit running parallel to a criminal prosecution can be used by the defense in the criminal case to show the complainant's motive. In other words, if a Judge or Jury see the complainant as an individual seeking to gain financially from the event that is the subject of both the criminal case, and the civil case, that could be viewed unfavorably, and create a credibility issue.
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