Very confused

S

Swisher3333

New Member
Jurisdiction
New York
Hi thanks for reading. I will try to explain my question as short as possible. My cousin cut all ties with our family due to a situation involving money and advice from his wife. He's always been a hot head but what he has done is just plain evil. In 2013 he started a verbal fight at a festival with his 3 Aunts and sister and his wife threw first punch. The 4 of them were arrested he got off he's a cop. Criminal Court went for 1 1/2 a Judge dismissed case to lack of evidence . The wife filed a civil suit in supreme court for damages. After 3 months of mediation (I guess to pick a jury) she now told her lawyer if the 4 of them do 6 months in jail she will drop all charges. What does that have to do with a civil suit? Shouldn't of that been done in criminal court? Is this possible? All 4 of them said no because they are innocent.
I'm so confused.
Thank you
 
In this country people don't go to jail or prison as the result of a civil case.

You're right, what she wants has NOTHING to do with a civil case.

Never, ever going to happen, no way, no how, because prison isn't possible in civil cases.
 
Jail time is also not negotiated in exchange for dropping charges, even in criminal cases. It does not work like that. Sounds like this woman is a nut job and if she even has a lawyer, he/she is totally incompetent.

Are there actual damages? Medical bills? Lost wages? Damaged property?
 
ElleMD said:
Jail time is also not negotiated in exchange for dropping charges, even in criminal cases. It does not work like that. Sounds like this woman is a nut job and if she even has a lawyer, he/she is totally incompetent.

Are there actual damages? Medical bills? Lost wages? Damaged property?
Click to expand...

Are there actual damages? Medical bills? Lost wages? Damaged property?

Hi ElleMD,

I am going by what my family has told me we are very close. I can't and won't sit in a courtroom with them for support because I can't be in same room as him and her.
The criminal trial she stated she was brutally beaten she did go to ER but My cousin D got hurt too and she also went to ER. D spent 1 night because of being kicked and punched in the head. My two Aunts were trying to break up the fight and the cops believed Satan and Lucifer (my nicknames for them) that they didn't start fight he is a cop and they took his word. So 2 Aunts were taken in and Detectives took D in as soon as hospital released her.
The mediation went on for a year and her lawyers were trying to say if My Aunts and cousin will take 6 months in jail she would dismiss other charges. The Judge threw it out LACK OF EVIDENCE. So criminal is done.

Now of August 2015 she served all of them papers she is suing them in supreme court. Her issues are.
#1 My family saw her and went after her so it was premeditated (for what reason they had none) My cousin Satan started it verbally (D is his sister) and out of know where Lucifer and two friends surrounded D and jumped her.
#2 she was brutally beaten it was a planed attack .Which caused her pain and suffering and shock.
#3 Her tooth was almost knocked out ,she had an eye injury pain suffering ,missing work , panic attacks and PTSD.
#4 I'm sorry but this makes me laugh they ruined her wedding because her eye Dr. Said she would have to wear an eye patch on plane due to air pressure she was too embarrassed so they had to take a train to the cruise and couldn't fly. Which I know is B.S. my cousin was my best friend he told me and I know he doesn't fly that they were taking amtrack.

Jerry Springer wouldn't even believe this story . I don't believe in fighting but if 4 people jump on one you have to defend yourself.
My Cousin is an animal a disgrace to the NYPD to good cops everywhere

Thank you all for your help I have been so worried between my family being destroyed by sadness, and legal fees.

My husband told me like they mediation with criminal trial beings he didn't want to go to criminal court she was negotiating that meant her case wasn't too strong and if her lawyer is trying to settle before a Jury or judge trial that its sounds like the case doesn't hold much water
 
Criminal cases usually plea out when it is for minor squabbles like this. Civil court is for damages only. That means medical bills and pain and suffering if warranted. It does not matter if anyone else was also injured. If she was injured as a result, she can sue and try to collect. Likewise, whomever she injured is free to do the same to her. Frankly, I would wash my hands of the whole lot of them. This isn't your fight. You were not there, are not involved, and if these folks want to act this way, you are better off without them. If they try to start an argument, just walk away like a civilized person.
 
Hi ElleMd,

Thank you for your help I know it's not my fight I have stayed out of it .Just hard when it's family. That the littlest things,money or people can ruin everything.
Thanks again
 

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