Both civil and criminal cases consider violations of people's rights and who is at fault. However, they differ in structure, burden of proof and penalties. The government files a criminal case and is led by a prosecutor. A civil case is filed by a private party, usually a person or a corporation, against another person or corporation.
As a general rule, but not exclusively, there are lawyers who practice criminal law and others who practice civil litigation. Criminal law deals with conduct that is or can be interpreted as an offence against the public, society, or the state, even if the immediate victim is an individual. Many of the basic principles of the law are the same, of course, but there are important differences you should consider if you file a claim. The fundamental difference between a civil case and a criminal case is that a criminal case involves a crime against the state, while a civil case is essentially a dispute between private parties.
In civil matters, all that is needed is a preponderance of evidence that shows a greater than 50 percent probability that one party is at fault. In civil cases, on the other hand, they are initiated (lawsuits are filed) by a private party (the plaintiff); cases are usually decided by a judge (although important cases may include juries); the punishment almost always consists of monetary compensation and never a prison sentence; to prevail, the plaintiff must establish the responsibility of the accused solely according to the preponderance of the evidence; and the defendants are not entitled to the same legal protections as the criminally accused. If you are looking to start a civil case in South Carolina or if you have been charged with a crime, you need an experienced lawyer. Civil law deals with behavior that constitutes an injury to a person or other private party, such as a corporation.
Simpson was acquitted in his criminal trial for the murder of his ex-wife Nicole Simpson and her friend, Ron Goldman. While the criminal part can help to demonstrate liability in the civil sphere, it is often difficult to obtain the cooperation of law enforcement agencies to facilitate the civil case. Criminal cases require the prosecution to convince the jury that the defendant is guilty “beyond a reasonable doubt.” While this can help in rendering a civil judgment for damages, in cases where information from the defendant is needed to effectively prove the case, invoking the privilege of the Fifth Amendment can be an obstacle to proving a civil claim. If there is a corresponding criminal case, it is probably a good argument for demonstrating liability in the civil case.
Since the criminal case required a higher level of proof, the accused could still be prosecuted in civil proceedings. In criminal cases where the charge is a misdemeanor or a felony, if the defendant cannot afford an attorney, the court will appoint one at no cost to the defendant. He has a long history of success in civil and criminal law and is known throughout the state for the quality of his work.
