Key Differences Between Criminal Trials and Civil Trials

Criminal and civil cases can both involve trials. However, there are major differences between a criminal trial and a civil trial. There are different laws, court rules, and legal procedures in civil and criminal court. The consequences of a civil case are usually financial. In a criminal case, you could lose your freedom if you go to jail.

Civil and criminal laws are also different depending on state law. If you have questions about criminal trials, talk to a local criminal defense lawyer for more information.

How Are Criminal and Civil Trials Different?

Criminal and civil trials have several key differences, including:

• Burden of proof
• Who decides the case
• The parties involved
• Potential legal remedies and consequences
• The statute of limitations
• Access to an attorney

Who Are the Parties in Civil and Criminal Cases?

In a civil lawsuit, the party who files the complaint is the plaintiff, and the person responding is the defendant. When someone is accused of a crime, it is an offense against the state. The prosecutor files the criminal complaint on behalf of the state. The person accused of the criminal offense is the defendant.

What Is the Burden of Proof?

The burden of proof is the level of proof required to win a trial. The burden is different for criminal prosecution and civil matters. In a criminal case, the prosecutor has to prove the case “beyond a reasonable doubt.” If the jury has any reasonable doubt about a criminal defendant’s guilt, they should find them not guilty.

In the civil court system, the standard of proof is a “preponderance of the evidence.” This means more likely than not. For example, in a medical malpractice lawsuit, the jury has to find that it is more likely than not that a doctor is liable for a patient’s injuries.

Who Decides Criminal and Civil Cases?

There are generally two types of trials — jury trials and bench trials. A bench trial is decided by a judge with no jury present. In a trial by jury, a jury made up of people from the community decides the outcome.

Different states have different rules for jury trials. In all states, a jury has to be unanimous to convict someone in criminal court. Some states also require a unanimous verdict in civil trial, but others do not.

What Happens If I Win or Lose a Civil or Criminal Case?

In a criminal case, the district attorney is trying to convict you of a crime. If you win the case, then you will be acquitted of the charges. If you lose the case, the judge can sentence you to prison. The consequences of a criminal case can include fines, jail time, and probation. If you are convicted of a felony, you may also find it harder to get a job or find a place to live. Felons are also prohibited from owning or possessing a firearm.

The remedies in a civil lawsuit are usually an injunction or monetary damages. An injunction typically prohibits someone from doing something or requires them to do something. For example, in a contract dispute, the court may order one party to fulfill the terms of the contract. Civil lawsuits can also involve compensatory damages.

For example, in a car accident lawsuit, the injury victim sues the other driver for damages, including medical bills and lost wages.

Do You Have the Right to an Attorney?

You may be familiar with the Miranda rights from TV shows or movies. These warnings include some of your legal protections in a criminal case. You have the constitutional right to have a lawyer represent you in criminal court. If you cannot afford an attorney, the state can appoint a public defender to represent you.

There is no right to an attorney in civil court. If you can’t afford an attorney to represent you in a civil suit, you may have to represent yourself. In some types of civil cases, including personal injury, an attorney will represent you on a contingency fee basis. This means that will only collect a fee if they can win monetary damages.

Can You Face Both Civil and Criminal Liability?

Criminal cases and civil cases are separate issues. However, you can face both civil and criminal liability for the same offense. For example, if you were driving drunk and killed another driver, you could face a charge of criminal vehicular manslaughter. You could also face a wrongful death lawsuit for damages.

You could win a criminal trial and still be liable in a civil trial. For example, in the O.J. Simpson criminal trial, Simpson was found not guilty of murder. However, the family of the victims filed a wrongful death lawsuit against him, and a civil jury found him liable for more than $33 million in damages.

What Kind of Lawyer Do You Need?

Civil law and criminal law are different types of cases. Lawyers can legally practice both civil and criminal law, but many lawyers work in one area or the other. If you have questions about filing a civil lawsuit or someone else is suing you in civil court, talk to a civil litigation attorney for help. If you are facing criminal charges, talk to a local criminal defense attorney for legal advice.