You may have heard the terms civil litigation and criminal defense. For the most part, those terms come up often in a case. What do they mean, and how do you know which one applies to you?
Yes, they can both involve courts, attorneys, evidence, and plenty of paperwork. However, they are different types of legal matters. If you’re dealing with a legal problem in South Carolina, here is how to know the difference between criminal defense vs. civil litigation.
When Do You Need a Criminal Defense?
Criminal defense occurs when you have been accused of breaking the law. If you’ve been arrested or charged with a crime, the state prosecutor will try a case against you. And they have to prove your guilt beyond a reasonable doubt before you can be convicted.
If you are convicted, you can face several consequences, such as fines, jail time, probation, or even prison time.
But before that happens, you will be working with a criminal defense team. They will look at the circumstances of your case and build a defense that sheds light on what happened or casts doubt on the state’s case.
What Is Civil Litigation?
Civil litigation is different. This is a legal dispute between people, businesses, organizations, or other parties. These disputes can involve everything from breaches of contract to personal injury lawsuits.
In some cases, a criminal case may be filed alongside a civil one. For example, in a drunk driving accident, the state may press criminal charges while the victim seeks compensation in a civil lawsuit.
The burden of proof is lower in these claims, and a preponderance of the evidence must prove them.
Can the Same Situation Lead to Two Cases?
Yes, you could potentially find yourself dealing with both a criminal case and a civil lawsuit from the same incident. The criminal case would address whether you committed a crime and whether you should face criminal penalties.
The civil case may involve the injured person seeking compensation for medical bills, lost income, property damage, or other losses.
These are separate cases, even though they may involve many of the same facts and people. Keep in mind that resolving one does not make the other disappear. You could win a criminal case and still be found liable in a civil case.
Do You Need Two Different Lawyers?
This is not always true. However, you want an attorney who understands these different legal problems.
Criminal defense lawyers focus on defending people accused of crimes and protecting their rights throughout the criminal process. On the other hand, civil litigation attorneys handle disputes involving contracts, property, personal injury claims, businesses, and financial damages.
And sometimes, a single situation can involve both. You want to find an experienced legal professional who understands both sides of these cases. That way, they can see the bigger picture, especially when it comes to civil liability and criminal defense.
What Should You Do If You’re Facing a Legal Problem?
Now that you know the difference between criminal defense vs. civil litigation, what is your next step? Sometimes, the line between the two can get blurry. The same incident may result in both a criminal case and a civil lawsuit. And that means you need to know what each case involves and how the two proceedings may affect you.
You should never assume that every legal problem is handled the same way. The experience of the lawyer you choose can make or break your case.
If you’re unsure whether you need criminal defense, civil litigation, or guidance involving both, Truslow & Truslow PA can review your situation and help you take those next steps. Reach out today to schedule a consultation.