Posted on: 15 February 2018
If you have been wronged by someone you might be wondering what steps you should take to make sure that justice is served. In some cases the person has committed a crime and that crime harmed you. You might wonder what you can do to ensure that you get what you are owed and that the state convicts them of a crime. Here are some things you need to know about difference in criminal and civil court.
1. You Can Be Tried Separately In Both Courts
One thing many people don't understand is that the civil court and criminal courts are totally different. You can have two separate cases independent of each other. This is because of the nature of the trials in each court. If the perpetrator committed some sort of legal act while hurting someone the state will press charges. Then it is up to the state to have a full investigation and to give a punishment. But they won't do anything in the civil court. If you want to sue the person for their actions, you will have to file a lawsuit in a whole separate court. These two trials can actually go on at the exact same time, or one can follow the other.
2. A Guilty Verdict In One Doesn't Guarantee The Other
It is important to know that just because you have a guilty verdict in one court doesn't mean that you will have a guilty verdict in the other. For example, if you were in a car accident you could sue the person for the damages of the accident, and you could win. But then the criminal court might try them for intoxicated driving, and there isn't enough evidence, so the person walks away with a criminal record. These two courts are independent of each other and they both have cases based on different criteria.
3. Each Court Process Is Different, as So In The Punishment
Lastly, the procedure in each court is different. A criminal court will have an arraignment where they plead guilty or not guilty. If they say guilty they get sentenced right there. If they plead not guilty there will be a trial. The punishment if they are found guilty is fines to the state, community service, or jail time.
In a civil court, you file the lawsuit. The two parties can either go through medication, or go to court, or you can drop it. The award if they are found guilty is that they pay you money.
These are just some things that you need to know about the criminal and civil courts. Contact a criminal and personal injury attorney for more help.Share