Can I Postpone the Civil Lawsuit Against Me Until the Florida Criminal Case is Over?

Our Fort Lauderdale criminal defense lawyers at The Ansara Law Firm understand that when you’re facing both criminal charges and a civil lawsuit in Florida, understanding your legal options can make all the difference in protecting your rights and securing the best possible outcome across both proceedings.

Facing criminal charges is stressful enough. When those same allegations also trigger a civil lawsuit against you, the legal complexities multiply significantly. Many defendants find themselves wondering if they can temporarily halt the civil case until their criminal matter concludes.

The answer? Yes, it's possible—but not automatic. Florida courts recognize the unique challenges defendants face when simultaneously defending against both criminal charges and civil claims arising from the same incident.

Many criminal allegations in Florida simultaneously expose defendants to civil liability. These may include:

• Assault and Battery. Criminal charges for violence often lead to civil personal injury claims.
• DUI with Injury. Beyond criminal penalties, victims frequently pursue compensation for medical expenses and pain and suffering.
• Theft, Fraud, and White Collar Crimes. Businesses and individuals who suffer financial losses commonly seek restitution through civil courts.
• Property Damage. Criminal mischief or vandalism charges may trigger civil property damage claims.
• Sexual Offenses. Survivors may pursue civil damages alongside criminal prosecution.

While stemming from the same incident, criminal and civil cases operate as entirely separate legal proceedings with crucial distinctions:

The Fifth Amendment to the U.S. Constitution protects individuals from being compelled to testify against themselves in criminal proceedings. However, this creates a significant dilemma when facing parallel civil litigation where:

• You may be required to respond to written discovery.
• You can be compelled to sit for depositions.
• You must answer questions under oath.
• Refusal to answer can lead to adverse inferences against you.

This creates an impossible choice: potentially incriminate yourself in the criminal case by participating in civil discovery, or harm your civil defense by invoking your Fifth Amendment rights.

Given these challenges, Florida courts recognize that defendants may request a "stay" (temporary pause) of civil proceedings until the related criminal matter concludes. However, these requests are not automatically granted.

Florida judges weigh several factors when deciding whether to grant a stay:

1. The extent of overlap between the civil and criminal cases.
2. The status of the criminal investigation or prosecution.
3. The interests of the civil plaintiff in proceeding expeditiously.
4. The burden on the defendant if the stay is denied.
5. The convenience of the court.
6. The interests of non-parties to civil litigation.
7. The public interest.

To postpone civil proceedings, your criminal defense attorney will typically:

1. File a motion to stay the civil proceedings.
2. Present evidence of the parallel criminal case.
3. Demonstrate the potential Fifth Amendment conflicts.
4. Argue the specific prejudice you face without a stay.
5. Propose a reasonable time frame for the stay.

Securing a stay of civil proceedings offers several strategic advantages for defendants in Fort Lauderdale criminal cases. Among those: 

• Protection of Fifth Amendment Rights: Prevents being forced to choose between self-incrimination or civil liability.
• Strategic Sequencing: Criminal proceedings typically conclude faster than civil cases.
• Possible Civil Benefits: A criminal acquittal can strengthen your civil defense.
• Resource Management: Allows you to focus legal resources on the more immediate criminal threats first.

From a Florida plaintiff's perspective, a stay presents challenges:

• Delayed Justice: Postponed opportunity for compensation.
• Evidence Preservation Concerns: Witnesses' memories fade and evidence may become less accessible.
• Financial Impact: Extended timeline before possible recovery.

Cases involving parallel criminal and civil proceedings demand expertise across both systems. At The Ansara Law Firm, we are closely familiar with Florida statute and local procedure in both the criminal and civil justice systems. This offers the following advantages for criminal clients potentially facing civil litigation: 

• Evaluate the relationship between your criminal charges and civil exposure.
• Determine if a stay is strategically beneficial in your specific situation.
• Draft and argue compelling motions to secure a stay.
• Coordinate with your civil counsel for a unified defense strategy.
• Help protect your constitutional rights throughout both proceedings.

While postponing a civil lawsuit until criminal proceedings conclude is often advantageous, each case requires individualized assessment. The specific charges, civil claims, available evidence, and personal circumstances all factor into the optimal approach.

If you're facing criminal charges in Florida with related civil litigation, don't navigate these complex waters alone. An experienced Fort Lauderdale criminal defense attorney can help protect your rights, coordinate your legal strategy, and work toward the best possible resolution in both arenas.

Contact our office today for a confidential consultation about your case and to discuss strategies for managing concurrent criminal and civil proceedings.

If you have been arrested in Broward County, call The Ansara Law Firm in Fort Lauderdale today for your free initial consultation at (954) 761-4011.