Can I be arrested for criminal charges after civil claims were dismissed?

UPDATED: Oct 2, 2022

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Can I be arrested for criminal charges after civil claims were dismissed?

If a civil case against me in small claims was voluntarily dismissed without prejudice from the plaintiff after the

scheduled court date that I did not attend, can criminal charges then be filed? wouldnt this be considered

malicious prosecution or abuse of process since it seems the only reason criminal charges were filed was due to the plaintiff not receiving the outcome they were hoping for with the civil case since I was a no-show?

Asked on August 5, 2019 under Criminal Law, Kentucky


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The civil case can be reinstated because it was dismissed without prejudice. If it had been dismissed with prejudice, it could not be reinstated.
Any criminal charges / criminal case is a separate matter from the civil case (lawsuit). Whether the criminal case is malicious prosecution depends on what the criminal charges are.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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