Civil vs. Criminal Cases: When You Have to Worry About Money vs. Jail Time

By: Janice Dantes

 

People tend to contact attorneys when they are in trouble. However, not everyone who needs a lawyer is always clear about the consequences of their case. Generally, a civil case means an individual or company is suing you for money. In a criminal case, the state or federal government is bringing a case against you with a potential for jail time.

Depending on the kind of trouble you are in can help guide you in finding the right attorney and the amount of money you should spend.

Below are some basic information about the differences between a criminal and civil case:

1. How Do I Know I’m in a Criminal Case? The most clear indication that a criminal case is being brought against you starts with who is bringing the case against you. If your receive a document that states “People v. John Doe” or “Illinois v. John Doe” then you are involved in a criminal case. Once you know you are in a criminal case, find a criminal lawyer to determine what your potential punishments are. Is this a case involving a fine or community service? Or are you looking at possible jail time? As you are finding an attorney, make sure you keep quiet and assert your right to remain silent as anything you say can be used against you.

2. Can I be in trouble both criminally and civilly? Yes, as demonstrated by one of the most famous cases of my generation, the People v. O.J. Simpson. Even though O.J. Simpson was acquitted in the criminal case and did not serve any jail time, he was found civilly liable for the deaths of Nicole Brown Simpson and Ron Goldman. How the heck did that happen? Well a conviction requires the higher standard of beyond a reasonable doubt while a fi nding of civil liability requires a preponderance of the evidence (meaning “more likely than not”). That is why O.J. Was ordered to pay the families of his victims money.

3. What Should I Do If I Might Face Jail time? This decision is a matter of economics. I would always recommend getting a lawyer. In some criminal cases where you cannot afford an attorney, you may have the option to be represented by a public defender. However, you can’t choose the public defender. If you have the opportunity to hire a private attorney, do so. I don’t ever recommend representing yourself. Even though I am an attorney, I have hired attorneys to represent me.

While I don’t practice criminal law, I work with criminal attorneys. If you think you may be in trouble, please contact me at (312) 546-5077 or janice@ pinaylaw.com. Thank you for reading. Until we meet again, love one another.