LEO: Threatening Criminal Prosecution in Civil LE Op. 776

 

Threatening Criminal Prosecution in Civil Matter.

 

April 3, 1986

 

In a letter requesting payment on a bad check, attorney states his intent

to prosecute under 18.2-181 of the Code of Virginia should payment not

be forwarded, and includes the sentence "this law carries criminal

sanctions." Such language is improper because it threatens to initiate

criminal charges solely for the purpose of obtaining an advantage in a

civil matter. [ DR:7-104]

 

Committee Opinion April 3, 1986

 

CROSS REFERENCES

 

See also LE Op. 1388.