     EXCELLENT

Comparing Civil Suits to Criminal Charges

There are significant differences in how civil cases and criminal cases are adjudicated.

Civil suits are tort law cases where one private party is claiming they have been a victim of the neglect of another individual.
This can be a personal injury situation or a contractual dispute. Contract disputes can be both oral implied agreements and written definitive agreements, complete with signatures and exact language.
Civil suits can involve governmental agencies.
The plaintiff’s attorney in a civil case is the prosecutor in the tort matter, but if the civil case reveals activity that is against codified law, then the state may still step in and apply the criminal charges.
Criminal charges may be brought by an individual, but the case is actually prosecuted by the state or federal government.

Burden of Proof in Civil Cases

The burden of proving guilt in a civil tort case is the duty of the plaintiff’s attorney. However, there is still a major difference in determining the final outcome of the claim.

Civil cases are decided by a “preponderance of the evidence based on a totality of the circumstances” instead of the commonly thought “beyond a reasonable doubt” that is applied in criminal cases.
Even though a civil case may be supported by a large amount of evidence, technicalities can still matter when the question is one of reasonable duty of care or intended deceit by the respondent party.
Preponderance is generally considered by the legal profession as an easier standard to meet.
When a defendant loses a civil case, they do not face jail time but are usually subject to paying a monetary award to the plaintiff, the amount being decided upon by a jury or judge. The amount is often based upon the damages put forth by the plaintiff but the actual award granted can be for more or less than that amount.

Case Remedies for Criminal Charges

Remedies for criminal charges are usually incarceration or a fine, or both, with many times the defendant being placed on probation if it is a first offense.

Certain criminal charges require mandatory jail terms, such as a conviction for driving under the influence, and many times the punishment is severe in terms of a jail sentence.
Fines can be extensive as well, depending on the criminal charge. Civil cases are remedied with money in most instances and only result in incarceration when a crime has been committed during the negligent or deceptive act claimed by the plaintiff.

Representation and Court Costs

It is not a requirement for an individual to have a legal representative to file a civil case, as pro se filings are legal. It is also not a requirement for the respondent to have legal counsel unless the civil case also connects to a criminal case that could result in incarceration.

A criminal case representative is not necessarily the legal counsel for a civil suit either because they are legally two separate issues.
The tort suit is filed by the victim and the criminal case is filed by the state authorities.
The court costs in a criminal case are paid by the convicted defendant, while the court costs in a civil suit are paid by the plaintiff. They are, however, recoverable in the final settlement as determined by the court.
All individuals who may face incarceration for a criminal charge are required by the Constitution to have legal representation.

Courtroom Proceedings and Hearings

A final major difference in civil suits and criminal cases is that many civil cases never even make it to court.

The complaint is delivered to the respondent well before the court date and many times the opposing attorneys can work out a settlement before the court hearing. This never happens when criminal charges are pressed.
The criminal defendant must be arraigned in an open public court hearing with an appropriate bond arrangement made at that time.
All civil suits are settled financially, while criminal charges can result in major fines along with being incarcerated or having the case deferred if the attorney cannot win a dismissal.
All criminal defendants also have their sentencing pronounced in an open public hearing after the state attorney proves the charge.

If you are facing criminal charges or a civil suit, contact an attorney. Some attorneys offer a free consultation.

Client Reviews

    
 
 
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   Anonymous 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year). I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious. I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial. * Take a DMV Driver's Improvement Course * Take a Behavior Modification Course * Do 100 hours of community service * Print my DMV Record one week before the trial On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me. No criminal record. No jail time. No suspension of license. I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing. Thank you Dave Albo for helping me through this ordeal!
  
 
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   Tom 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer. He has helped me twice now with great results both times with minor traffic tickets. I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .
  
 
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   kendall carpenter 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.
  
 
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   Amanda Stallard 
 
 
 
 Trustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.
  
 
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   Mark West 
 
 
 
 Trustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.
  
 
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   M 
 
 
 
 Trustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.
  
 
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   mitquinn88 
 
 
 
 Trustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.
  
 
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   G R 
 
 
 
 Trustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case.  I highly recommend him - you will be in good hands for sure.  From start to finish he provided expert counsel and kept me well informed.  He  simply could not have done a better job.
  
 
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   Hope Carrigan 
 
 
 
 Trustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and  grateful; I highly recommend retaining his services. Well beyond worth it!!
  
 
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   Doug Damron 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.