If I'm considering filing suit against someone, should I try it civil first and then private prosecution criminally so i get two bites at the apple in ascending level of diff &precariousness for them?
Like give them an opportunity to settle civilly then if they want to fight it out, do that where the burden is only the preponderance of the evidence before taking it the criminal avenue where its beyond reasonable doubt
Then see where that takes us and how the defendant comports themself in the matter?
I'm certain I can prove all the elements of the criminal defense but civilly is a bit trickier
3 replies
Initial consultations with lawyers are free (in my experience as a citizen of the USA). These sorts of questions are best not left to internet strangers
It's my understanding that private prosecution is a major pain in the ass, and prone to failure even if it gets to court, and beyond that it's all about where you are as to whether or not it's essentially guaranteed to flop.
So, go civil and hope that you win, which might encourage the state to take action based on the success.
Generally criminal is much harder to win than civil.
But consulting a lawyer is the best approach