What to Do If Charges Are Pending During a Bronx Civil Rights Claim

When Your Criminal Case Is Still Open but Your Rights Were Violated

It’s one of the most stressful positions to be in. You’ve been arrested in the Bronx. Criminal charges are still pending. Court dates are coming up. At the same time, you believe officers violated your constitutional rights during the arrest.

You may be asking yourself whether you can even think about a civil rights claim while the criminal case is unresolved. The short answer is yes, but the strategy has to be handled carefully. Criminal defense and civil litigation often move on separate tracks, yet they influence each other in important ways.

As Bronx civil rights attorneys, we regularly work with clients whose criminal matters are still active. At Horn Wright, LLP, we assess how pending charges affect civil filing deadlines, notice requirements, and long-term litigation strategy. Acting too quickly or waiting too long can both create problems.

The key is coordination and timing.

Step One: Protect Your Criminal Defense First

When charges are pending, your criminal defense must remain the priority. Statements made in civil filings can potentially be used in the criminal case. Testimony given in depositions could impact plea negotiations or trial strategy.

This does not mean you cannot pursue a civil claim. It means your legal teams must coordinate. In some cases, a civil lawsuit may be filed but paused until the criminal matter concludes. In others, waiting may be the better approach.

Every situation depends on the specific charges, the available evidence, and the projected timeline of the criminal case. Rushing into civil litigation without considering the criminal impact can create unnecessary risk.

Your constitutional rights in the criminal case always come first.

Understanding Filing Deadlines While Charges Are Pending

One of the biggest dangers in waiting is missing civil deadlines. Civil rights cases in New York generally carry a three-year statute of limitations for federal claims. That clock usually starts on the date of the incident, not when the criminal case ends.

State law claims against New York City may involve even shorter deadlines. In many situations, a formal Notice of Claim must be filed within 90 days of the incident. That notice requirement exists even if your criminal case is still open.

Failing to file required notices on time can result in dismissal of state claims. Courts rarely excuse missed deadlines simply because a criminal case was pending.

This is where strategy becomes critical. Sometimes a Notice of Claim can be filed to preserve rights without immediately filing a full lawsuit. That approach protects deadlines while allowing the criminal case to proceed.

Understanding these filing windows prevents irreversible mistakes.

How a Guilty Plea Can Affect a Civil Claim

If you are considering a plea in your criminal case, it is important to understand how it may affect a future civil lawsuit. A guilty plea involves admitting certain conduct. That admission can influence how courts evaluate civil claims.

For example, if you plead guilty to resisting arrest, arguing that the arrest lacked probable cause may become difficult. However, not all civil rights claims disappear after a plea. Excessive force claims often remain viable because they focus on how force was used, not solely on whether the arrest was lawful.

Courts separate the legality of the arrest from the manner in which it was carried out. An officer may have had probable cause and still used unreasonable force.

Before entering a plea, it is wise to understand the potential civil implications. The wording of the plea and the specific charges matter.

When to File a Notice of Claim

If you plan to pursue state law claims against the City, filing a Notice of Claim may be required within 90 days. This procedural step alerts the City that you intend to bring a claim.

The Notice of Claim is not the lawsuit itself. It is a prerequisite for certain claims. After filing, the City may request a hearing known as a 50-h examination.

Pending criminal charges do not automatically pause this 90-day requirement. In some cases, courts allow late filings, but approval is not guaranteed.

Preserving your ability to bring state claims requires attention to this early deadline, even while your criminal case continues.

Coordinating Strategy Between Courts

Criminal court and civil court operate independently. Criminal cases in the Bronx are prosecuted by the District Attorney’s Office. Civil rights cases are typically filed in federal or state civil court.

Evidence developed in the criminal case may later become relevant in civil litigation. Body camera footage, witness testimony, and forensic reports may overlap.

At the federal level, the United States District Court for the Southern District of New York handles many Bronx-based civil rights lawsuits. State civil claims are processed through the New York State Unified Court System.

Deciding where and when to file involves evaluating the status of the criminal matter and the nature of the claims.

Risks of Waiting Too Long

It is tempting to put civil concerns aside while focusing on criminal defense. That is understandable. Criminal charges carry immediate consequences.

However, evidence can disappear. Body camera footage may be overwritten. Witnesses may move or become harder to locate. Surveillance recordings may not be preserved indefinitely.

Delaying consultation about civil rights can lead to missed opportunities to secure evidence. Preservation letters can be sent early without interfering with the criminal case.

Balancing urgency with caution is essential.

What Happens If Charges Are Dismissed

If your criminal charges are dismissed, certain civil claims may become stronger. For example, malicious prosecution claims require a favorable termination of the criminal case.

A dismissal based on insufficient evidence may support arguments that probable cause was lacking. However, not all dismissals carry the same legal significance. The reason behind the dismissal matters.

Once the criminal case ends, civil litigation strategy often shifts. Depositions may proceed. Discovery may expand.

The end of the criminal case does not automatically guarantee success in civil court, but it can remove significant obstacles.

Speak with Bronx Civil Rights Lawyers About Pending Charges and Civil Claims

Having criminal charges pending does not eliminate your right to pursue a civil rights claim, but it does require careful planning. Filing deadlines continue running. Notice requirements may apply. Plea decisions can influence future claims. The Bronx civil rights lawyers at Horn Wright, LLP, coordinate strategy to protect both your criminal defense and your civil rights options. If you are facing charges and believe your constitutional rights were violated, call 855-465-4622 to schedule a confidential consultation and discuss the safest path forward.