0
Can an individual ever be held criminally responsible and civilly liable for the same act or occurrence?
Wiki User
∙ 9y ago
Double Jeopardy only applies to criminal cases being tried by the same sovereign, for the same criminal act. Because civil cases, at most, put the defendant in danger of losing money (but not his life or freedom) he cannot be said to be put in jeopardy of "life and limb" in a civil case.
Double jeopardy refers to a person being tried again for the same offense after being acquitted. In such kind of situation, you need to take suggestion from the best attorney like Sebastian Ohanian who is popular in this field.
Answer No, double jeopardy only applies to criminal trials for the same charges in the same jurisdiction. You could also be tried in state court, acquitted, and then tried in federal court and convicted because they are considered different trials for different charges. A famous example of this might be OJ Simpson, found to be not guilty of his wifes murder and then found guilty after the civil court case. It is a U.S. constitutional right not to be held in double jeopardy, the Fifth Amendment ensures that no "... person be subject for the same offense to be twice put in jeopardy of life or limb". There are however now exceptions. ANSWER There are no exceptions. You can only be tried in federal court on federal matters: murder is normally not a federal matter so OJ Simpson could not be tried twice. Further, the exceptions in the U.S. are few and far between: First, when a jury finds someone Not Guilty, there is no appeal allowed unless bribery took place or something that never put the defendant in jeopardy. Second, on appeal, a verdict is changed to Not Guilty or a verdict of Guilty is set aside by the judge can be appealed by the Prosecution within a reasonable time. Only exceptions!s!
Wiki User
∙ 6y ago
Wiki User
∙ 12y agoYES, only if the person is found guilty or pleads guilty in the Criminal case then the person can sue you in Civil court and you will automatically get a judgment against you to pay the amount they are suing you for in the Civil case. Only because you plead or were found Guilty in the Criminal case.
Wiki User
∙ 14y agoIf you plead guilty to or are convicted of a crime, you are criminally responsible for the act (including payment of fines) and civilly responsible for any damage caused in the commission of that crime. However, if you plead "no contest" (nolo contendere), in some states, your guilty plea cannot be used as evidence of responsibility in a civil lawsuit brought by any victims of the crime.
Wiki User
∙ 9y agoCertainly. That is a not infrequent occurrence. When a person is murdered, for example, the killer may be tried in criminal court but may also face a civil suit for wrongful death.
Wiki User
∙ 14y agoYes.
Add your answer:
Earn +20 pts
Sign fake signature?
A false signature is considered forgery and, depending on the circumstances, can be prosecuted civilly and/or criminally.
Can you be charged both civilly and criminally at the same time in PA for retail theft?
Of course. Actually you are only "charged" for a crime and you are "sued" civilly. In your example, the retail theft is a crime and can be indicted, tried and punished. If restitution is not ordered in the criminal trial, the victii can sue civilly to recover.
An individual can be found civilly liable?
Yes.
Can anyone be held acountable for the false allegations for abuse?
Yes. The person who makes the false allegations can be held accountable both civilly and possibly criminally.
Can a person be prosecuted for falsely filing suit in chancery court?
If you knowingly made false statements in your pleadings, yes, you can be criminally prosecuted. If your lawsuit is deemed to have no merit, but you did not knowingly make false statements in the pleadings, you can be held civilly liable for the costs of the actions but not criminally liable.
Can someone be tried civilly and criminally for same event?
Yes, they can be tried in both courts for the same event. A good example of this would be the dual charges and trials of O. J. Simpson for the same crimes.
Is throwing apples at a house illegal?
Trespass is not limited to human beings. By causing an object to enter a property one can commit an act of trespass, whether it be earthworks, flood water, or objects thrown onto the property or allowed to travel onto the property. Therefore, throwing apples at a house is a tort, for which one can be held responsible civilly and/or criminally.
What does civilly mean?
civilly means politely or courteously
Can you be found civilly liable under the provisions of the Liquor Licence Act?
It depends on the age of the individual for whether or not one can be found civilly liable under the provisions of the Liquor License Act. Depending on the state, one may nut be liable until twenty-one years of age.
What is the legal difference between the words Illegal and Unlawful. A previous answer says essentially the same thing. This means there is a subtle difference unless they are Exactly the same?
Illegal is a description for something that is in violation of statute, regulation or ordinance.Unlawful means not authorized by law-illegal. Something that is criminally or civilly punishable.
Being civilly liable means a server or seller of alcohol?
as a server or seller of alcohol, being civilly liable means?
As a server or seller of alcohol being civilly liable means?
as a server or seller of alcohol, being civilly liable means?
