Often in property cases this question is the first causality of a bad act. The situations are various: someone misrepresented a fact, a promise to hold funds was not honored, an “ex” kept a piece of personal property after the break up, etc. But not all wrong doings are crimes under the law, and not all criminal cases are resolved.
So, is it civil? Yes. That is to say: one may pursue a civil case if there is or is not a criminal case. The obvious example is the famous O.J. Simpson trial in which a Defendant was found not guilty of murder, but then found liable for wrongful death in a civil suit.
In fact, pursuing a civil case may compliment the criminal case. If the issue is loss of property then civil courts may be able to take steps that aren’t imposed by criminal courts like garnishing wages and order assets turned over. In turn, a criminal case may establish important facts that are material to the civil case.
There’s a difference of burdens and goals. In criminal case, the burden of evidence rests solely on the prosecution. This is a pretty high burden (beyond a reasonable doubt); it means the Defendant doesn’t have to prove anything—anything! If a case is the classic “his word against mine,” often this is civil because, while the actions may or may not be criminal, the civil defendant doesn’t have the same protections (like the right to remain silent) and the burden is not as high as beyond a reasonable doubt.
The reason a criminal Defendant has so much more protection is because criminal cases are about immoral acts, dangers to society, and malicious intent. Crimes carry penalties encompassing punishment, deterrence, rehabilitation, loss of civil privileges, and some protection/restitution for victims. Civil cases deal with other issues, like failure of a duty of care (negligence), and the damages and orders don’t go into incarceration or personal State supervision.
So, reaching out to a private attorney about a possible civil case is wise, even if the case is being investigated or prosecuted criminally. Sometimes the only option will be civil, but there’s generally no reason to wait on looking into the civil option even if there is a criminal case.
Furthermore, a lawyer in a civil case is your lawyer. Once retained civil attorneys have responsibilities to the client, where as free advice can be worth exactly what you pay for it—and free legal advice can be worth even less. If you have a legal question or a case, you need your own attorney almost without exception. No legal advice, however, will be given by the prosecution because a prosecutors’ sole client is the State or government.
So, check into the civil option, and, if you go forward, have the civil attorney contact any prosecutor involved so the attorneys know how to reach each other if the need arises.