The law differentiates between the criminal and the civil cases. Often the former is said to be harsher and stringent than the latter. But, a question may arise as to how to determine whether a particular act is criminal in nature or it has civil repercussions. Generally, a criminal case will arise if the legislatures have enacted a law labeling some of the acts as criminal and hence, requiring punishment. Civil cases, on the other hand, arise due to disputes over rights and duties of the parties involved. Some of the basic premises on which any criminal attorney can differentiate between the criminal and civil cases are the following:

1. Who is initiating the case? : If the case is civilian in nature than it will be the aggrieved party which will be initiating the case. But, in the criminal cases, it is the prosecutor who initiates the case. The prosecutor, in a criminal case, may or may not agree with the aggrieved party on the filing or non-filing of charges. So, he controls the case initiation.

2. Nature of punishment: The civilian cases do not, generally, result in the jail term. There is one exception that if there is a contempt of court in a civil case, then there can be a jail term awarded to the offender. They involve the monetary penalties and damages to be paid to the victim. But, any criminal attorney can tell that the criminal cases can also lead to imprisonment upon conviction.

3. Representation: In a criminal case, the government-paid criminal defense attorney can be arranged for the defendant if he requires one. Whereas, in a civil case, the parties arrange their respective lawyers on their own.

4. Proof of guilt: The burden of proof, that the defendant is guilty, is more stringent on the prosecutor in a criminal case. Criminal law requires him to prove defendant’s guilt ‘beyond reasonable doubt’. Whereas, in a criminal case, only a ‘preponderance of proof’ is sufficient to establish the guilt. So, in the civil cases, one does not has to dig that deeper to prove guilt.

What is the situation if the actions of a person make him liable for both civilian as well as criminal charges? The answer is simple: there will be two separate cases brought on him, civil and criminal. So, whenever you are in a fix about the nature of the law associated with some wrongful act either done to you or by you, it is better to consult a criminal attorney to know the same.

The criminal law is a set of regulations and parameters through which the crime and its elements are defined. The crime may cause offences to either a person or the state. Crimes like incitement to rebellion, agitation, espionage, treachery are committed against the state. Likewise, burglary, murder, domestic violence, kidnapping, rape, hit and run etc., are the crimes that are caused against an individual. When the state government is offended, the government files the case, where as in the case of civil law or the crime executed on a person, a private party files. The criminal lawyer is the entity who handles the case and helps the jury to draw a verdict based upon the different elements of the crime. Role of criminal lawyers is classified into two from the perspective of representing the party – the accused and the victim.

How Does Criminal Law Define Role Of Criminal Lawyers

The criminal law is divided into various sections and so is the job of criminal lawyers. When the victim or the offended party involved in the criminal cases files the suit against the accused or suspects, there is one group of lawyers who prosecutes the case by representing the offended. This section of lawyers is known as prosecutors. As per US criminal law, until the suspect is proved guilty, he is considered as innocent and holds the right to appoint a lawyer to represent his side.

The lawyer who defends the accused and works out legal procedures surrounding the representation of the suspect and maintains the arguments during the trial proceedings in the courtroom from the suspect’s side is a defense criminal lawyer. On the other hand, as per criminal law and constitution, a criminal justice lawyer is he/she who prepares the entire procedures of criminal justice process including investigation, search warrant, questioning the suspects and witnesses, arrest, accusation, plea negotiation, trial proceedings, verdict and many others.

Basic Concept Of The Criminal Process

Whether the lawyer is handling the criminal case as a prosecutor or a defense criminal lawyer, the best criminal lawyer should be well versed in the basic concept of the criminal procedure. The first is ‘stop’. In criminal investigations, criminal authorities ‘stop’ the suspects and witnesses for questioning. As the person on whom this process is executed is allowed movement from location to location, so this procedure is not similar to arrest. Next is the search, which is handled by a warrant or a document that enables authorities to invade the suspects’ privacy. The last is ‘arrest’ that results in detainment of a person after he is accused of a crime. Two rights are provided to the accused when he is arrested – the right to maintain silent and the right to be represented by a defense attorney.