Differences Between Civil and Criminal Law

Civil laws are the sets of laws and justice that affect the legal status of individuals. Civil law, therefore, is commonly referred to in comparison to criminal law, which is that body of law involving the state against individuals (including corporate organizations) where the state relies on the power given it by statutory law. Statutory laws are laws agreed upon and incorporated by the US Legislature. Where there are legal alternatives for sources of action by individuals within any of these sections of law, this falls in the civil realm.

Civil law courts provide opportunities for resolving disputes involving torts. Torts are laws that address and provide remedies for, civil wrongs not arising out of contracts or similar obligations. Torts include: accidents, negligence, contract disputes, the administration of wills, trusts, property disputes, commercial law, and other private matters that involve private parties and organizations. These may also include government departments. An action by an individual (or legal equivalent) against a state's attorney general, for example, is a civil matter.

The purposes of civil law vary from other areas of law. In civil law there is the attempt to honor an agreement, correct a wrong-doing or settle a dispute. Any victim in this instance may obtain compensation. The person who is the dishonest party pays. This may be viewed as a civilized form of, or legal option to, retribution. If it is a matter of impartiality, there is often a division which gets distributed by a process of civil law.

Any action in criminal law doesn't include the obligation to disqualify an action on the civil side. This may provide a device for compensation to the victims of any crime. This type of situation may occur, for example when a guilty part is ordered to pay damages for any wrongful situation (as in a wrongful death). Sometimes, also, for example, this payment of damages may be instead of a judgment of murder.

In criminal law, one may face imprisonment if accusations are beyond a reasonable doubt. Therefore, if investigative personnel determine that these charges are well-substantiated, the accused will face the charges. In civil law, one may be fined for damages found from a predominance of all evidence during any investigation. Instead of imprisonment, often payment is the form of retribution. Charges in civil cases are often less harsh than those in criminal law cases because the punishment pits money against loss of liberty.

Many lawyers now offer their impressions on the law on their blog. Read what a San Antonio Lawyer thinks about the criminal justice system in Texas. You can also read what other practicing San Antonio Lawyers think about the civil side.

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The Differences Between Criminal and Civil Law

Most people don't differentiate between civil law and criminal law, partly because the majority of news coverage in the media is dedicated to criminal law cases. Most people have heard of a civil lawsuit, but they aren't really sure how the two are different. Civil cases aren't as widely publicized because they don't ever have the same dramatic punch that often comes with a big criminal case.

It may come as a surprise to many people just how different the two types of suits are - here are some of the biggest differences between criminal and civil law cases.

The Verdict and Subsequent Ruling

This is the major reason why criminal cases are so much more publicized and advertised in the media. The defendant in a criminal case runs much more of a risk - a guilty verdict can bring with it several different forms of punishment depending upon the severity of the crime committed.

Crimes are broken down into two sub categories - first are the felonies, which are the larger offenses and which will most likely result in more severe punishments. Second are misdemeanors, which are the smaller offenses and will likely yield sentences that are not quite as harsh.

A person charged with first degree murder, which is the top of the ladder as far as felonies are concerned, could receive life in prison without parole - or even the death penalty depending upon the state in which the crime was committed. Lesser felony offenses may still yield large amounts of jail time, depending upon the nature of the crime; whether there was pre-meditation, or if the person has been involved in similar criminal activity before.

Misdemeanor charges with convictions often result in one of or a combination of the following - fines, probation, community service and in some cases jail time. Again depending on the circumstances surrounding the crime, the punishment may be either more or less severe.

The defendants involved in a civil case will never, under any circumstances - regardless of the crime charged, be subject to the same forms of punishment as those convicted in criminal cases. In fact, regardless of the nature of the crime committed defendants convicted in civil cases will never do any time in prison. Defendants who are on the losing side of the verdict in a civil case are often responsible to reimburse the plaintiff or plaintiffs of the case in an amount determined by the judge or jury to be comparable to the loss that they may have suffered due directly as a result of the defendants actions. The actual monetary amount awarded in the verdicts of these cases is often hard to come to, especially in cases when more than just property is lost or damaged as a result of the defendant's actions.

Making the Case

In a criminal case, the defendant is innocent until proven guilty. It's is the responsibility of the side of the plaintiff to build a case that shows beyond a reasonable doubt that the defendant did, in fact commit the crime in question. If the defense can inject even the smallest shadow of doubt on the plaintiffs case the verdict in the case will (or should) return not guilty. If the jury is not very close to one hundred percent certain that the defendant committed the crime in question, then there is no conviction.

The proof required to get the desired verdict in a civil case is not nearly as high as that of a criminal case. If the plaintiff can initially convince the jury that it's reasonably possible that the defendant is responsible, the burden for proving their innocence falls on the defense. If the evidence shows more than fifty percent probability that the defendant is responsible a guilty verdict can be returned and the defendant then becomes responsible for reparations.

Even if the defendant is convicted of the charges and ordered to pay, it still doesn't mean that the plaintiff will receive a financial windfall as a result of the conviction. Often if the defendant has nothing to give, then the plaintiff won't receive the judgment awarded.

Even if the charges are exactly the same, the results and subsequent penalties handed down can be drastically different in criminal cases and civil cases. Civil cases, while not nearly as dramatic to the media as criminal cases and even when a sum can't be awarded, can provide true closure for the plaintiff if the defendant is convicted.

Criminal Lawyer Fort Lauderdale provides criminal defense services to individuals charged with DUI. Criminal Attorney Fort Lauderdale also provides expertise in defending people charged with domestic violence and drug related offenses.

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Criminal and Immigration Lawyers Need to Work Together to Protect You Before You Plea Guilty

Criminal and Immigration Lawyers need to come together to be able to aid one.

Question: I have have committed a criminal offense, though really do not comprehend if I ought to plead guilty or maybe not given that I actually do plead guilty, I really don't understand exactly what I really should plead in order to. Should really I seek the services of an immigration attorney at law? Should I appoint a Criminal Lawyer? Will need to I choose Criminal and Immigration Lawyers?

Answer: These tend to be incredibly logical questions. In reality, it is going to be vital that you get assist coming from Criminal and Immigration Lawyers. At this point, it is without a doubt critical that will you actually receive the mandatory info from criminal and immigration lawyers working together. Because you actually are usually not really a U.S. Citizen, each and every crime may well potentially have an impact your current ability in order to under legal standing continue in the United States.

Simply in the event the criminal and immigration lawyers work together can easily you acquire the perfect advice. An Immigration Attorney is not an expert in Criminal Law and a Criminal Lawyer is actually not an expert in Immigration Law. Neither the Criminal Attorney or simply the Criminal Judge are usually aware associated with exactly how your current particular criminal situation will probably influence your immigration status. There is no reason to plea in order to something in criminal court that might merely hurt your own possibilities regarding staying in the United States.

Question: Exactly how will the Criminal and Immigration Attorneys interact? Just what exactly may they do to be able to aid me?

Answer: Typically, the Immigration Attorney can easily prepare the necessary criminal evaluation which will document to be able to people as well as criminal attorney exactly what is going to be your own immigration situation along with the best alternatives to get a plea that will hold the very least effect on your own immigration status and will reduce the damage in which might occur in future deportation hearings. Even if you get placed into removal and also removal proceedings, the criminal and immigration lawyers working together could lessen the harm in deportation and/or removal proceedings.

It will probably have the effect of possibly making you actually eligible for certain forms regarding relief along the lines of Cancellation of Removal for Lawful Permanent Residents or even Adjustment associated with Status with a Waiver associated with Inadmissibility. Sometimes a guilty plea in criminal court may not sound so bad, though might make you an aggravated felon in Immigration Court. Being an aggravated felon, you would not be eligible for most forms associated with relief. Therefore, in the event the criminal and immigration lawyers come together in the beginning before an individual plea to be able to anything, and then everyone may benefit. One will probably limit the harm performed on your current immigration status; the prosecutor might continue to obtain conviction; the Criminal Judge will be administering justice; the criminal attorney gets a plea as well as immigration attorney protects one against unintended consequences. Thereby, while it might be more expensive, the best route for people is going to be to be able to employ the service of Criminal and Immigration Lawyers to work in tandem to aid you actually by this process.

Question: What transpires if I merely plea guilty right now as I am being told by my Criminal Lawyer in which it is actually the best thing to do?

Answer: Which would be considered a especially large mistake. Basically, the Criminal Attorney is going to be probably telling you that you actually might get less time and in which it is going to be the best deal which one can easily get. However, what does it matter if you get less time if an individual are simply transferred to immigration detention, placed in deportation proceedings and deported for many years as well as even the rest of your life? It is going to be fundamental which you actually get the assist of Criminal and Immigration Lawyers working together before people plea, not after. It is doable in order to try to set aside the plea soon after. However, it is actually even more challenging.

About the Author Brian D. Lerner

Brian D. Lerner is a Los Angeles Immigration Attorney who is a Certified Expert in Immigration and Nationality Law. He has been licensed as an attorney since 1992. Brian D. Lerner can help as a deportation attorney, immigration attorney for employment based cases, asylum attorney, removal attorney or any other area of immigration law.

He can help you and your family to obtain the Green Card, win a deportation case, petition for numerous types of temporary work visas such as the H-1B, L-1, E-2, O-1, P-1 and others. Mr. Lerner can prepare and argue your case in the Circuit Courts of Appeal, prepare Waivers of Inadmissibility, represent you in deportation hearings, prepare Green Card applications, petitions based upon family, or employment. Additionally, he can prepare appeals of your immigration matters to the Board of Immigration Appeals or the Administrative Appeals Unit. .

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