If you have been injured, you may be thinking about talking to an attorney about your case. It can be confusing to know which type of lawyer you need to talk to. The team at Lucé Evans Law has both civil and criminal experience to assist you in whatever way we can. Here are a few differences you should know about McKinney civil and criminal cases.
Civil vs. Criminal
A civil case is entirely different from a criminal case. Criminal cases have to do with a violation of the criminal penal code, while civil matters don’t necessarily. Some cases may have both civil and criminal elements. The basis of a civil case is that one person caused damages to another. Damages can be in the form of physical, emotional, or financial damages. Criminal penalties include incarceration, while civil penalties are mainly financial.
How to File a Criminal Suit
If you have been hurt due to someone breaking the law, like during a robbery, assault and battery, or drunk driving accident, the district attorney may file a criminal suit. The case against the defendant will begin with an arraignment, and depending on how the defendant pleads, it could end in a jail sentence, fine, or another penalty, like probation.
How to File a Civil Suit
Your attorney will file a civil lawsuit on your behalf. You will first have a meeting with your attorney to discuss the facts in your case. They will then file the appropriate documents in court that will be served on the other side. Police and jail are not involved in a civil lawsuit. You will either settle out of court or receive a judgment that allows you to collect compensation from the other side.