Daniel DeKoter Takes you Through the Difference Between Civil and Criminal Lawsuits
The legal system of the United States comprises of two very different types of cases that includes civil and criminal. Crimes are usually wrongdoings against the state, and are therefore sued by the state. On the other hand, civil cases are characteristically arguments between individuals in regards to the legitimate duties and responsibilities they owe one another. Usually the civil cases are arbitrated by the civil lawsuits. Being one of the leading civil litigators in the country, Daniel DeKoter says that individuals pursuing to become litigators, should understand both civil and criminal lawsuits comprehensively.
Know From Daniel DeKoter the Difference Between Criminal and Civil Lawsuit
- In terms of punishment, civil and criminal offenses are different as the civil lawsuits usually result in only monetary damages while in case of criminal lawsuits, the accused person may end up in prison. Often times it has been found that the criminal case will involve both monetary punishment and stay in prison but civil lawsuits rarely result in staying in prison.
- As crimes are regarded as wrongdoings against the state therefore; in case criminal lawsuits crimes against the state are prosecuted by the state and the prosecuting attorney files the case in court as a representative of the state. On the other hand, in case of a civil case, the victimized party would file the case.
- In case of a criminal lawsuit the standard of proof is quite different from that of a civil lawsuit as the crimes must be proved, while civil cases can be proved by lower standards of proof. The difference in standards exists as civil liability is regarded as less culpable and because the punishments that are involved are less severe.
- A perpetrator in a criminal case is allowed to an attorney, and if he or she cannot afford one, the state is responsible to provide an attorney. On the other hand, a perpetrator in a civil case will need to pay for an attorney or else he or she will defend on own.
Thus, it can be said that as criminal cases have greater consequences and the chance of jail and even death such have many more defenses in place and are harder to prove when compared with the civil lawsuits.
It is important to note that even though civil and criminal cases are treated in a different way, most of the individuals often fail to make out that the same conduct can result in both civil and criminal liability. Daniel DeKoter is associated with DeKoter, Thole & Dawson, P.L.C. as a partner and says that there are times when an individual can be exposed to both criminal and civil liability for a single act. Therefore, it becomes very important to have an experienced attorney working on the case. This will help the individual to overcome challenges and get lesser penalties as the lawyer will tackle the case excellently.