Civil vs. Criminal Cases: What is the difference?

Court is a place where people of all kinds can go to settle their disputes and dispense justice. Depending on whether the controversy is civil or criminal determines how the court will treat the matter. Below is a general guide about the similarities and differences between a civil or criminal case.

Civil Cases
A dispute between individuals and between an individual and/or organizations that do not involve criminal acts is considered a civil case. The victim or claimant is called a plaintiff, and the accused party is the defendant. A civil case can be filed in a federal or state court. Often, a defendant is responsible for paying the plaintiff for the plaintiff’s damages if they lose. Typically the plaintiff cannot recover their attorney’s fees unless a written document (i.e., contract) allows for it. Common civil cases include:

• Disputes about services rendered
• Contract disputes
• Foreclosures
• Evictions
• Disputes about rent money
• Personal injury cases (car crash, dog bite, slip and fall)

Do You Need a Lawyer In a Civil Case?
You can represent yourself in any type of case, but it is always a good idea to bring a lawyer if you have to go to court for anything more than a speeding ticket. A lawyer has been trained to know the law, and more importantly how to present your case to the judge or jury while following very specific and important rules. For the most part, you get one shot in court, and it’s a good idea to take your best shot, and to do that, you need a lawyer. If you are seeking relief after being harmed by another person or company, it’s likely that they will have a lawyer, and you do not want to be fighting an uphill battle. If you are the one being sued, it’s always smart to have a lawyer to protect you, as if you lose, there could be crushing economic consequences.

Additionally, do not file the lawsuit or follow the law properly, you may have your case thrown out or get a worthless judgment.

Criminal Cases
A key difference between a civil and a criminal case is that the victim does not always get to choose if the charges against the suspect are filed. In criminal cases, the charges are always brought by the State, although they State will need some cooperation from citizens to prove its case. The biggest difference between a civil and criminal case are the penalties. In a civil case, the court can award money damages, or some type of other relief, such as forcing a company or person to perform or not perform something. But in criminal court, if the defendant is found guilty, they could serve jail time, face probation and also potentially face heavy fines. Common criminal cases include:

• Theft
• Drug possession
• Criminal traffic offenses (DUI, DWI)
• Homicide

Do You Need a Criminal Lawyer?

A private lawyer, like a criminal lawyer Baltimore MD trusts, is so important if you have had criminal charges brought against you. A criminal conviction can affect your life in so many ways, including not being able to get a job, to not being able to vote or possess a firearm. Experienced attorneys could possibly lessen your sentence or ask for an alternative punishment if convicted. You have a much better shot at navigating a complicated system and negotiating a favorable outcome if you have an experienced attorney on your side.

What is next?
Courts are there to help people settle disputes, but typically not provide legal advice on how to properly engage in litigation. But the rules can be very strict and may seem counterintuitive at times. It can be a very difficult world if you are not familiar with it. Contact an attorney to set up an appointment to discuss your case. An attorney will be able to help guide your case moving forward and give you a much better chance at a favorable result.

This is why it is so important to hire an attorney, like an attorney from the Greenberg Law Office to assist you. A good lawyer can preserve your rights and navigate the confusing court system in either a criminal or civil case.

Thanks to our friends and contributors from Greenberg Law Offices for their insight into criminal and civil cases.