The existence of ulterior motives, malice or ill intent when lodging the complaint does not only lead to an action for abuse of process. It is also necessary to establish an intentional act on the part of the defendant, as the defendant endeavors to use this procedure to harass or pressure a case that does not fall within the scope of the original order.11 So what can a lawyer do? It can certainly be conclusive that a lawyer may file criminal complaints, participate in them or threaten to file criminal complaints in order to gain an advantage in a civil case if the complaint is related to the civil case and the lawyer reasonably assumed that the charges were well founded and justified by law. The lawyer`s behavior does not constitute a misdemeanor under North Carolina law. The question of whether the lawyer can participate in a settlement of the civil case where the client will not file a complaint is still unanswered. At least the lawyer cannot participate in a settlement agreement containing a promise from the client that the client will hide, leave his jurisdiction or avoid testifying truthfully in subsequent criminal proceedings. An angry Mr. Dority decided that instead of weighing up his bankrupt options, he would file a lawsuit against Ms. Kimbler for embezzlement. Mr.
Dority filed a complaint with the Havelock Police Department. A month later, Craven County issued three arrest warrants for Ms. Kimbler for criminal embezzlement. Mr. Dority has witnessed in every arrest warrant. Ms. Kimbler was arrested and, although unable to post bail, was imprisoned for 16 days. She was released with an ankle monitor that she wore for four months. She had to pay $883.00 for the ankle monitor.
The idea that an alleged victim can offer some support in the criminal proceedings of an accused in exchange for a favorable civil agreement is also reflected in 98 FEO 19 (which states that a victim`s lawyer may ethically “propose that [a] [v] ictim comply [with a favorable plea agreement] in exchange for a confession of [an accused`s] judgment”).