Civil Law v. Criminal Law a Matter of Rights
View PDF | Print View
by: arnoldbosel
Total views: 2
Word Count: 513
Date: Wed, 2 Nov 2011 Time: 7:54 AM
One of the common questions clients have for an attorney in Frederick, MD concerns the difference between civil law and criminal law. The primary characteristic that distinguishes the two types of laws is based on who is wronged. If the matter involves a private individual who has been wronged then the case is civil. If the matter involves a wrong against the public then it's a criminal case.
In some situations, criminal charges are brought against someone who broke a law and then a civil suit is filed for damages. A civil suit may be filed by an individual or corporation or even a group of people. A criminal case, on the other hand, can only be initiated by the government. The prosecutor must decide if someone is to be charged with a crime, and the victim of the crime really has no say.
When someone is convicted of a crime, he or she may:
>> Be sentenced to jail or prison
>> Be ordered to do community service
>> Be placed on probation
>> Be ordered to pay a fine
>> Be put to death
Civil penalties never include jail or prison time. They only involve money in the way of fines, interest, repayments and monetary penalties. Because criminal defendants can have their freedom or life taken away, they have more rights than someone being sued under civil law. A criminal attorney in Frederick, MD should have plenty of experience and a full understanding of the U.S. Bill of Rights and criminal law to properly defend a client.
A Case of Guaranteed Rights
A civil suit involves proving someone is responsible for certain harms caused another person whether they were physical injury or injury to property. It must be proved legally that the defendant had a responsibility under the law for acting in a certain way that could have prevented the injury or loss. Under civil law, a plaintiff must only show that the evidence favors him or her to any degree in order to win some form of compensation.
Under criminal law, the attorney in Frederick, MD defending a person knows the defendant has rights guaranteed under the U.S. Constitution. These rights mean a prosecutor has to show the defendant is guilty beyond a reasonable doubt. Though the reasonable doubt principle has led to some unusual case outcomes, it exists to prevent the conviction of an innocent person. If any reasonable doubt exists, the person must be found not guilty in a court of law.
The U.S. Constitutional rights include the right to a jury trial if conviction could lead to a prison or jail term that is longer than 6 months. There is also the right to have representation by a defense attorney in Frederick, MD or any other U.S. location. There are other rights too and the job of your attorney is to make sure your rights are not violated by anyone or the court. Choosing the right attorney is the best insurance you can have that your rights are protected.
About the Author
The author of this article is working for a www.wardlawoffices.com. If you want to know more about Attorney Frederick, MD or Defense Attorney Fredrick, MD, than please visit the website linked here.
Rating: Not yet rated
