Are you facing a civil case that you fear might end up being criminal charges on your background? Well, you may require an Austin Criminal Lawyer to help you get out of a loop that you may later regret getting into. Often, people get involved in different sorts of civil cases and civil charges. However, not following the right guide or being unaware can lead to criminal charges that weren’t supposed to be there in the first place. So, what do you do in such a case? It’s quite simple; you hire an Austin Criminal Lawyer!
A criminal lawyer in Austin is well-aware of what qualifies as a criminal charge and what leads to a civil case. With their training and experience, a criminal lawyer can help you dodge the risk of your civil case turning into a criminal case. Here’s what to know more about it.
Let’s begin with answering the simplest question first: can a civil case turn into a criminal case? The answer to that is yes – it’s possible that a civil case in your name may turn criminal. However, there are a lot of legal parameters, rules, and set standards for that. For instance, if ongoing civil case inspection or interrogation revealed some form of evidence that can prompt a criminal investigation.
In another instance, when the civil trial uncovers a crime committed by one of the parties involved in a civil case, it initiates a criminal investigation. If there are two individual proceedings, it’s not quite possible for a civil case to turn into a criminal case. While a civil claim will only be a civil case remedy, a criminal case investigation regarding a party must meet criminal penalties and legislation.
There are multiple differences that classify a case as either a civil case or a criminal case. When a legal cause of action is present, you must check the differences between criminal and civil cases. As per the US courts, there are different purposes for every proceeding. Similarly, when you have understood the main differences of both types of cases, you can make sure that you’re representing your interests at best. Here’s how you can differentiate between both types of cases:
The criminal courts are responsible for determining whether someone has committed a crime or not. In Austin, Texas, crimes fall into the category of crimes as per the State of Texas. Also, a crime may or may not be considered a civil wrong during trial and proceedings. Depending on the basis of a case, it is quite important to assume that you may or may not have a civil case whether the criminal actions took place.
In case the actions are criminal from the accused party, it turns into a criminal case. However, in the absence of criminal actions, when a civil claim is present, it can turn into a civil case.
The parties that begin either a civil proceeding or criminal proceeding can vary. For instance, to file a criminal proceeding, the acting person has to be a district attorney, state attorney, or prosecutor. Even when the victim of criminal actions has been victimized significantly, it’s completely under the authority of the state’s attorney to decide whether or not to press criminal charges.
Following that, when the criminal charges have been filed, the state’s attorney decides if they want to initiate the case trial or extend the plea offer regarding the defendant in the case. Despite the input from the victim of a criminal case, the state’s attorney will be the one to file charges and go ahead with other important decisions. On the other hand, victims themselves can initiate a civil case.
On their own behalf and name, the victim can file a civil claim on the accused. If you or a loved one has been a victim of a civil case, you don’t need authorization from any third party to begin a civil case. Also, the victim of the civil case will determine what actions and decisions to take as the civil case moves forward.
The main question: whether a civil case can lead to criminal charges is important. If evidence has been uncovered that points directly towards criminal actions from either one of the parties, a criminal proceeding may be initiated despite the presence of a civil claim. The case has to be proved with actual evidence to begin a criminal proceeding.
In criminal proceedings, either you or the accused party will face a high burden of proof hanging over you. In a civil proceeding, the proof burden relates to the preponderance of the evidence. Despite losing a criminal case, you can still win a civil case with the same evidence. However, the elements that you may have to present and prove can vary.
So, yes! A civil case can lead to criminal charges depending on the party that’s accused and the unveiling of any evidence that depicts criminal actions committed by either party. Criminal cases can affect society or community as a whole, whereas a civil case affects only one individual or group. While the criminal case also affects an individual or group, the impact of wrongdoings seems to spread further and wider. Here’re some basic examples to help you understand the difference between both types of cases:
Criminal offenses that lead to criminal proceedings include but aren’t limited to:
- Theft and burglary
- Assault (assault and battery or sexual assault)
- Manslaughter and murder
- Money laundering
- Fraud/Scams/ Drug dealing
- Arson or criminal damage
Civil offenses that lead to civil proceedings include but aren’t limited to:
- Tenant and landlord cases
- Unfair dismissals at work
- Employee discrimination
- Road traffic accidents
- Medical negligence
- Personal injury
- Property damage
- Payment disputes
- Contract disputes
- Divorce disputes/ Child custody issues and arrangements
- Family law
Although both types of cases fall in distinct categories as per the US legal system, you must understand the differences between them to represent your interests in the best way possible. You can hire a criminal lawyer in Austin if you’re unsure of whether or not your civil claim will turn into a criminal case and proceedings. With an experienced professional by your side, you can be sure that things will turn out in your best interest.