Legal Question in Credit and Debt Law in Maryland

Suppose you are convicted of crime and were sent to jail.Then suppose the victim sues you for a monetary sum and wins.Then suppose evidence is brought up that totally exonerates you of a crime,proving your innocence beyond a shadow of a doubt.Would the victim be required to pay back the amount won from the civil suit?


Asked on 4/17/12, 3:23 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

An interesting question far too fact specific and complex to be answered in an online post. The standards of proof for criminal and civil cases are totally different, so that one can legally be acquitted in a criminal trial but found legally responsible in a civil trial based on the same underlying facts. (The OJ Simpson case is a high-profile example of this phenomena).

Your facts say nothing about what type of crime, what type of civil tort / civil wrong, what evidence came up post conviction or how long after judgment this evidence surfaced. Furthermore, it isn't clear whether the civil judgment was obtained by fraud or whether the victim mistakenly (but in good faith) obtained a civil judgment. If you find yourself in such a scenario then I strongly suggest seeking competent legal advice from an attorney who can analyze the entire situation.

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Answered on 4/17/12, 4:18 pm


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