The law is a very complex aspect of modern society and two of the fields of law and order are criminal and civil. A criminal case involves breaking laws, while a civil case can be brought on by a private individual or organisation against another individual or organisation. The differences between the two are many and in this article, we take a look at both criminal and civil cases.
A criminal charge is made by the prosecutor’s office, which represents the government, or the people. The victim is not the party that initiates criminal proceedings, rather it is the prosecutor that decides whether or not to charge a person, which really depends on the evidence. In the event the prosecutor feels there is insufficient evidence to secure a conviction, they will not press charges. However, if the case does have enough evidence, they will go ahead with the charge and the defendant has to come up with the bail amount the court deems suitable.
Felony Or Misdemeanour
There are two types of criminal case – a felony, which is the more serious type of offence and a misdemeanour, which is a less serious charge.
Serious crimes include:
- Grevious bodily harm
- Gun crimes
Misdemeanour charges include:
- Fraud (non-violent)
- Driving offences
If you are charged with a criminal offence, you should say nothing to anyone until you have spoken to a solicitor. It very much depends on the seriousness of the charges as to whether you will receive bail or not. There are times when the police oppose bail, if they think the defendant is a flight risk or might try to influence witnesses.
A civil case can be filed by any person or company and if you are looking to file a lawsuit against someone for any reason, you need a good litigation solicitor Bangkok or the country you are in can offer. With a quick Google search, you would be able to see who could offer you the best advice on how to respond.
There are many reasons why a person might file a lawsuit, including:
- Trade dispute
- Personal injury
- Intellectual property
- Labour dispute
- Medical malpractice
- Defamation of character
In the event you would like to file a lawsuit, the first thing to do is consult with an experienced litigation lawyer and let the expert tell you what they think of your case. The legal specialist will appraise the case based on the information you give, plus you need to gather items that can be used as evidence to substantiate your claim.
If someone files a lawsuit against you, they must serve you with the papers and you should not say anything to anyone, at least not until you have spoken to an experienced litigation solicitor.
As you can see, there are many differences between a criminal and a civil case and if you are charged with a criminal offence or are served civil litigation papers, you should immediately contact a lawyer, who can offer you the best advice.