If I enter into a pre-trial diversion agreement does that hurt my chance in a civil law suit?
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If I enter into a pre-trial diversion agreement does that hurt my chance in a civil law suit?
I was arrested over 4 months; 2 charges where dropped already. I have 2 misdemeanor charges. I was falsely accused by my ex-wife. She worked for the sheriff’s office at the time. After they realized how she abused her authority and other details she was fired. The solicitor has been holding the case while the department assesses their liability. Now they have offered me the pre-trial diversion and after completion they will dismiss charges. They where still responsible for her actions through vicarious liability. If I accept the offer will it hurt any possible pending lawsuit?
Asked on July 7, 2016 under Criminal Law, Georgia
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It could. If you are required to enter a plea or admission of guilt in conjunction with the pre-trial diversion offer, then that admission could be used against you in a possible pending lawsuit. If you are not required to make an admission or enter a plea, then it will not have as much of an impact. However, the overall effect would be determined by the nature of the lawsuit that you intend to file. Before you do anything, visit with a civil rights attorney, go over all of the facts of your case... and determine what you actually need to prove to make your case. If you already have enough evidence to prove your case... then your admission may have little or no impact.
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