Civil vs Criminal Trial Made Simple!
Suppose you are in a situation where you feel you have been personally wronged, or you believe that several people have been put at risk. How do you take legal action? What type of action do you take?
In our legal system, cases can take one of two forms: civil cases and criminal cases:
In our legal system, cases can take one of two forms: civil cases and criminal cases:
Civil Law
Civil Law cases address issues between individual persons and/or organizations. These cases usually arise when an individual (the "plaintiff") feels he/she has been wronged and seeks financial reimbursement or to prohibit and/or allow certain actions. The accused individual or organization (the "defendant") then has an opportunity to state their case and defend themselves. These types of cases generally involve situations that are unique to the plaintiff, such as individual loss of time/money/wages or the defendant's failure to uphold his/her end of a contract. Typically, the verdict of these cases favors whichever party produced the strongest evidence.
In a civil case, a lawyer is not automatically appointed to the plaintiff; if he/she wishes to take legal action, he/she will be responsible for finding legal representation.
In a civil case, a lawyer is not automatically appointed to the plaintiff; if he/she wishes to take legal action, he/she will be responsible for finding legal representation.
Criminal Law
Criminal Law cases arise when a local, state, or federal government (the "prosecutor") files an action on behalf of the people. These cases are brought against individuals who commit a crime that creates a danger for the community as a whole, such as kidnapping, rape, theft, or driving while intoxicated. In these criminal situations, the government is responsible for taking action - not the victim. Our legal system abides by the "innocent until proven guilty" doctrine, so in order to win these cases, the prosecutors must prove the defendant's guilt beyond a reasonable doubt.
In criminal cases, a lawyer may be appointed to represent the defendant.
In some unique situations, the lines between these two cases blur. In a case that involves an automobile accident, for example, the same individual can be the defendant in both a civil and criminal case.
If you are unsure which type of action to take, or if you need legal representation of your case, let your trusted Lake of the Ozarks lawyers help you! We have a wide range of experience in both civil and criminal court cases.
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Phillips, McElyea, Carpenter & Welch, P.C.
In criminal cases, a lawyer may be appointed to represent the defendant.
In some unique situations, the lines between these two cases blur. In a case that involves an automobile accident, for example, the same individual can be the defendant in both a civil and criminal case.
If you are unsure which type of action to take, or if you need legal representation of your case, let your trusted Lake of the Ozarks lawyers help you! We have a wide range of experience in both civil and criminal court cases.
We Are Effective Camden County Lawyers for all of your legal needs.
We Are There When You Need Us.
Subscribe to our blog for interesting legal information, announcements, and happenings around Lake of the Ozarks.
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