subject: What You Should Know About The Differences Between Criminal and Civil Cases [print this page] What You Should Know About The Differences Between Criminal and Civil Cases
There are several things for which we could find ourselves in trouble with the government. While a good many I wouldn't need to clarify, like theft or arson, you will find smaller offenses that will provoke a police response and potentially a penalty, but devoid of the serious ramifications of a criminal conviction. Interestingly, civil offenses are in the same class as a civil case between two parties.
A criminal offense is one that is a violation of a law that may carry jail time. These are typically offenses against another individual or society in general, and carry sometimes thousands in fine and time in jail. Criminal offenses are always between the state (or federal government) plus a defendant, however only the defendant can appeal the case if he or she loses. Furthermore, in a jury trial the decision has to be unanimous, and the proof of burden is "beyond a reasonable doubt." Put differently, the jury has to agree 100% that somebody is completely guilty or to blame.
A civil offense falls under civil law and can only carry a fine. Even when someone does not pay their fine, they cannot be imprisoned. Civil offenses are usually consigned to noise or trash ordinances, or traffic penalties (however , there are situations by which traffic infractions are crimes, for instance extreme speeding or reckless endangerment). Civil cases are extremely distinctive from civil ones. To illustrate, a civil case may be decided not merely for one party or another, but partially one and partially another. Also, the jury does not usually have to be in 100% agreement, and in addition they only have to decide "based on the preponderance of evidence," or they must determine it is most probable (or "more likely than not").
Because of this , oftentimes states will try cases in civil court. Especially in complex financial cases, there's less burden of proof and the jury does not have to be as certain. This is an important protection in our legal system, to ensure that only criminals are imprisoned and they're determined beyond the shadow of a doubt that they're guilty. Also, any party may appeal a civil case, although this doesn't determine whether or not it's going to be heard by the court.
You will need to get representation whatever the case. No matter the strength of one's case, you may be caught up by legal complexity that you don't understand. Particularly if you are facing a heavy financial loss or prison time, contact a lawyer if you receive a summons.
If you are in legal trouble, speak to a Phoenix criminal lawyer immediately. A Phoenix criminal attorney will represent your interests in court and may help you save time and money. Most offer free consultations, so if you are in dire straits with the law, contact one today.
