According to the US justice system, there are two types of offenses: civil and criminal cases. The two require unique sets of procedures, so when choosing someone to represent you, you must find a criminal lawyer or a civil attorney based on your case. So, what is the difference between a civil vs criminal case?
The Parties
During civil case proceedings, the plaintiff may be an individual, an organization, or even the government. Their main reason for suing a defendant is that they hope that the court will find them guilty of violating their rights, and after that, there will be a just solution. However, in contrast, when it comes to criminal cases, the one pressing charges is usually the prosecutor. An individual doesn’t sue the defendant, although the two parties can work together. Interestingly, the prosecutor can also file charges without the victim’s cooperation, but the catch is that they should have enough evidence.
Burden of Proof
This is another huge difference between a civil case and a criminal case. In criminal cases, the prosecution has no choice but to “prove beyond reasonable doubt” that the defendant is guilty. This is otherwise called the burden of proof, and here, the stakes and standards are higher for the prosecution to provide enough evidence showing that the defendant committed the crime. However, when it comes to a civil case, the plaintiff must only show that it is likely that the accusations behind the claim are true.
The Procedure
You will notice that most criminal cases are decided by a jury, which is a constitutional right for US citizens. Only a few civil cases are tried by a jury, while most are solely decided by the judge in a bench trial. Also, a defendant in a criminal case can get an attorney, even when they cannot afford it, but those in a civil case don’t have the same rights.
Read More: Understanding Criminal Cases And Juries
The Stakes
The stakes are also a huge difference between a civil case vs. a criminal case. Money is usually at stake in civil cases, but it is much higher in criminal trials because it could mean the defendant’s freedom. If there is enough proof that the crime was committed, the state will work tirelessly to take away the defendant’s right to freedom. That’s why you need a good defense lawyer to help defend you.
Talk to the Expert
You need a strong defense to win criminal cases against you. Lynne Torgerson, a Minneapolis criminal defense lawyer, can help present a solid case for you and help fight for your rights.
Contact Lynne Torgerson today for expert legal advice and a strong defense.