Introduction
When you fall victim to a potential crime like theft or fraud, your first thought might be to seek justice through criminal prosecution, typically handled by your local State’s Attorney. This legal route is often seen as the direct way to hold the perpetrator accountable. However, there are times when, despite clear wrongdoing, the State’s Attorney may decide not to pursue criminal charges. This decision could be influenced by a variety of factors including the level of evidence, particularly proof of intent and motive, prosecutorial discretion, or the simple allocation of resources. When criminal charges are off the table, you might feel like you’re out of options. But there’s another path that might be right for you: civil litigation. In civil litigation you can pursue claims like breach of contract or equitable estoppel to hold the individual or company accountable for their failure to deliver on their promises.
Example Scenario
Consider a situation where you’ve engaged a local contractor to remodel or construct your home. You pay a substantial sum upfront for the work to commence. However, as months pass, no progress is made. Upon contacting the State’s Attorney for assistance, you’re informed that the issue is a civil matter. Why is this the case? Often, it is difficult for prosecutors to establish the contractor’s intent to commit fraud—whether they deliberately planned to misappropriate your funds or simply mismanaged their business operations.
The Alternative Route: Civil Litigation And Its Benefits
In situations like the one above, civil litigation presents a robust alternative for victims seeking justice. In this framework, you as the victim have the opportunity to initiate a lawsuit directly against the wrongdoer. This process is instrumental in recovering assets or damages incurred due to the perpetrator’s actions. Although navigating the complexities of civil litigation can seem daunting, understanding this option can allow you to still pursue your claims. Whether it involves recouping money or holding another party to their end of a contract, civil litigation enables you to assert your rights when the criminal justice system may not allow you to do so.
If you have any questions about pursuing your civil claims, our team at SW&L Attorneys can help guide you through the process. To get in touch with our team, call 701-297-2890 or email us at: info@swlattorneys.com.
This article is for informational purposes only and is subject to our disclaimer.