Criminal cases and civil cases are almost total opposites in how they mess with your life. In criminal cases, police and prosecutors are present, and their goal is to impose penalties for violations of the law.
“Civil cases, on the other hand, are more like your neighbor suing you because your palm tree crashed through their window. Knowing how they operate will make things a lot easier if you ever get caught up in court drama,” says Florida criminal defense attorney Douglas I. Leifert of Leifert & Leifert.
Let us explore what sets them apart and why it matters.
Criminal Cases
Criminal cases involve the government bringing charges against individuals alleged to have violated laws designed to protect society. They range from minor crimes, like shoplifting from a store, which is a misdemeanor, to major crimes, like breaking into someone’s house or having a violent altercation, which are felonies.
Depending on your situation, you may face fines, complete community service, or serve time in jail following a conviction. The idea behind the punishment is to create deterrence, or simply keep thugs off the streets.
Civil Cases
Civil suits come into play when individuals, corporations, or organizations do not agree. They apply in situations like when your tenant has not paid their lease, or there has been a fender accident, and hospital fees are accumulating.
Not prison time territory, but possibly “pay me what you borrowed” or “just do what you said you would do.” Nobody has a criminal record at the end of things, just an empty pocket or one with a few thousand dollars less. In most cases, it is the defendant’s insurer that does the paying.
Burden of Proof
Criminal vs. civil hearings have entirely different rules when it comes to the evidence. In criminal court, the prosecutor, also the government’s attorney, must prove their case “Beyond a reasonable doubt.” It is not a pleasant term; it means facts of the case must convince 99% of the jury that the defendant committed the crime because we are talking about the freedom of human beings, or even worse.
Flip over to a civil court, and everything changes instantly to the “preponderance of the evidence” standard. There, the question is not whose set of facts just happens to be true, but whose set of facts you think is more likely to be true. If the judge or jurors think, arbitrarily, it is 51% likely you are right, you win.
Principal Rights in Criminal and Civil Proceedings
Criminal and civil suits have specific rights associated with them according to the stakes involved. In criminal suits, the rights of the defendant are key, so that he may receive a fair trial as well as enjoy freedom from self-incrimination. The right of silence (Fifth Amendment) stands foremost among them. You do not have to commit self-incrimination. You also have the right to be represented by a lawyer, either your choice or one provided for you by the court of law.
In civilian, or civil, matters, there is due process. Both parties must have their day, present evidence, and challenge each other’s facts. There is no right to a free lawyer here. You are on your own when you engage one.
These differences demonstrate how each system of punishment or resolution of differences strikes a balance between desired outcomes and fairness, such as the punishment of wrongdoers or the resolution of disputes.
Working with a Lawyer
If you are dealing with some kind of criminal matter or you find yourself lost in some kind of civil action, you want an attorney representing you. These people are going to deal with that head-throbbing paperwork, but primarily, they are going to watch your back when you are concerned about your rights being represented.
Do not simply randomly select some suits, however. You need someone who has genuinely handled cases similar to yours. A reasonable attorney will also not play games, either. They will try as hard as possible to create a solid game plan by outlining and explaining everything.