THE DIFFERENCE BETWEEN A CRIMINAL AND CIVIL CASE

The two major classes of legal litigation are criminal cases and civil cases. What is the difference of the two, and how can they affect your life?

A criminal matter can be as minor as a traffic violation, disorderly conduct, trespassing, or shoplifting, or as serious as sexual assault or homicide. Penalties can range from a fine, probation, loss of freedom, or even death. In criminal cases, there must be a violation of a particular written law, and the punishment is imposed to protect social interest that is deemed important. For example, punishment is imposed for speeding in order to protect people from the increased possibility of accidents caused by reckless driving. Stealing is punished in order to protect personal property. Assault and murder is punished in order to protect people’s physical well being. In criminal matters, even minor ones, there is almost always a public record of the offense, that results in a social penalty that lasts far longer than any fine or loss of liberty. There are many types of criminal convictions that will be bar one from obtaining a professional license. A person convicted of the crime of reckless driving, driving while intoxicated, or multiple traffic violations may be precluded from obtaining a commercial driving position. Many landlords will not rent to a person who has a felony conviction. If one is convicted of theft or embezzlement, that will be a major impediment for that person to obtain a job that involves financial responsibility. There are millions of instances where people accused of even minor violations or misdemeanors, accept a fine or probation, without legal representation ‘just to be done with it’. It is only later that they find the easy way out is a major impediment to obtaining employment or career advancement, for years to come

Civil cases are matters of disputes between individuals and/or organizations that involve money, property, or sometimes, behavior. Examples of this are a failure to pay a debt, failure to fulfill a contract, dividing up marital property, or the division of a deceased person’s estate. A civil judgment against a person for money or property does not carry the social stigma of a criminal conviction. For example, a judgment against a person for not paying a debt, negligence, or dividing property in a divorce, does not carry as strong a social stigma as criminal theft or assault. In most instances one will not be required to disclose or explain civil judgments on job or rental applications, as might be the case for a criminal conviction.

Bottom line; when facing a charge for any type of crime, even a violation or misdemeanor, consult with an attorney, as to the best way to deal with the ramifications, present and future, of the charge.