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How To Differentiate Between A Civil And Criminal Attorney?

Sunday, July 24th, 2016

When-to-Contact-a-Civil-Attorney-670x442The need for hiring a civil or criminal attorney comes into play when you are involved in litigation. But before hiring a lawyer, it is important to understand what the role of the different types of attorney is. There are many differences between the two types of attorneys. Choosing this firm like Smordin Law that has experience in handling your type of case would be an added advantage.

A civil lawyer works on the lawsuits of the clients, on the contrary, a criminal lawyer works on the criminal justice system. The standards and regulations for each subject are different, and hence the lawyer specializes in a particular law. When the state presses for charges in a criminal court without consulting the victim, then the victim has to hire a civil lawyer. The negligence lawsuit does not arise unless the plaintiff opts to sue.

Victims who are sued are not entitled to a lawyer provided by the court. They have to hire their defense lawyers and pay for them. The court does not stand obligated to provide any assistance in a private lawsuit. Though, those who are sued are not entitled to the public defender but those who are accused of a crime stand eligible for the assistance of a public lawyer. The sixth amendment facilitates accused criminals of legal assistance if they are unable to pay on their own.

Civil lawyers represent cases that are monetary in nature. The civil cases are directed towards monetary damages. Losing a civil case will not result in a jail sentence. While losing a criminal case would be jail sentence or fine or both for the defendant. The defendant may at times spend their life term in the person as well. Criminal lawyers have to undergo the burden of proof. The prosecutor in the criminal court has to prove their case. Whereas in the civil court, the attorney of the plaintiff has to prove the negligence of the defendant. The civil lawyers charge for each case on a contingency basis, but criminal lawyers can charge for their case only if the case is won over. Contingency fee structure is commonly seen in civil suits.

Civil attorneys represent both plaintiffs and defendants, but criminal attorneys represent only defendants. A criminal lawyer supports the accused while the prosecutor is fixed by the government to represent those who prosecute the particular case. The prosecutor is also known as district attorney.

Civil and criminal lawyers follow various standards to win the case. In the instance of a civil case, the either sides are eligible for discovery. In a civil case, the plaintiff and the defendant are entitled to the exchange of information about the case. But in the criminal case, the defense limits to prosecutions views to protect their client from self-incrimination.

The nature of choosing the attorney depends on the type of the case. Before getting into the intricacies of the case, it is vital to check the nature of the case. Choosing either the civil or criminal lawyer depends on upon the lawsuit. Both these cases follow different standards and procedures, and it is important to pick the right lawyer to fight your case for best outcomes.