Understanding the Differences between Criminal Court and Civil Court

Ever wondered what is the difference between a criminal court and a civil court in New Orleans, Louisiana?

Criminal court handles the cases when someone commits a crime, such as robbery, murder, assault, arson, etc. The police will arrest the accused and after the charge-sheet is filed, they are produced before a criminal court.

Civil law deals with almost all other disputes other than criminal laws. When a business is suing other business or an individual, it will usually fall under civil law unless the process deals with a criminal act. Matters like eviction, foreclosure, divorce, custody or bankruptcy come under civil law. All these cases appear in a civil court. A personal injury attorney in New Orleans, Louisiana, for instance, will work in a civil court.

• Powers with civil and criminal court judges

Judges working in criminal and civil court have been vested with different kinds of powers.  Criminal Court judges possess the authority to punish you by packing you to jail. Civil Court judges, however, impose fine or order you to pay money. They are also entitled to make decisions about families and homes.

• Procedure in criminal court

When one is produced in a criminal court, the police file a case against them (defendant) for committing a crime.  The defendant has full legal right to defend themselves in the court. It is for the police to prove that the defendant is indeed guilty. In case they are found guilty, the court pronounces the quantum of punishment as well i.e. term of imprisonment for them.

For instance, if a drunk driver causes a truck accident, the police may arrest the driver and then produce them in the court. It is for the prosecutor to establish that the driver was actually guilty for the accident beyond a reasonable doubt. If they are able to successfully do that, the driver may end up in jail, or ordered to take alcohol treatment.

• Procedure in civil court

A civil court procedure involves the judge listening to both parties involved, apprising themselves of various aspects of the case, and the pronouncing a judgment. For instance, if it is a property dispute, the court may decide who the owner of the property is.

• When criminal and civil cases go together

There are cases when both criminal and civil cases go side by side. Here is an example. If an intoxicated car driver hits and injures a biker in Louisiana, the biker is entitled to file a lawsuit in civil court seeking damages. The biker is the plaintiff and the driver is the defendant in this specific case. It is for the biker to establish that car driver was guilty of causing the accident and the injuries. If the court agrees, it may order the car driver to pay the biker’s medical bills, lost wages, and other such costs. Criminal proceedings are beyond this criminal conviction.

• Summing Up

There are few attorneys who hold expertise in both civil and criminal laws. Generally, if someone is a personal injury lawyer in New Orleans Louisiana, they will stick to the arena.

Public prosecutors and private attorneys, both in criminal and civil cases, have separate expectations and responsibilities. Prosecutors represent the general public and they are expected to uphold interest of public. A private attorney, on the other hand, is expected to put the client’s interests at the highest pedestal.