Jay Trucks and Associates Legal Blog

Civil and criminal cases both involve disputes about the responsibilities and rights of individuals, but the possibility of losing one's freedom or life is what distinguishes criminal penalties from civil penalties. The defendant in a civil case is never imprisoned or executed but is made to reimburse the plaintiff for losses the defendant is responsible for. The notion of guilt or innocence applies only to a criminal case where the defendant can be ordered to pay a fine or be sentenced to probation, jail time, prison or execution.

Since the penalties in a criminal case are more severe than in a civil case, criminal defendants have more rights and protections under the law than civil defendants.

In a civil case an individual or entity files a lawsuit, and becomes the plaintiff with the burden of proof on the plaintiff in most instances. In a criminal case the litigation is filed by the government who is referred to as the prosecution. The burden of proof is always on the state having to prove the defendant guilty as the defendant is always presumed innocent in a criminal case.

The degree of proof required in most civil cases is said to be a "preponderance of evidence", while in a criminal case the degree of proof required is said to be "beyond a reasonable doubt". The attorneys at Jay Trucks & Associates, PC are available to advise you and offer the best legal representation possible for your problems.

To learn about your legal rights, please contact the law offices of Jay Trucks & Associates, PC in Clare, Michigan to schedule a no cost to you confidential consultation with an experienced attorney.