More often than not, mistakes happen. A person ends up committing a mistake, which can later snowball into an even heavier mess. For others, however, the issue goes beyond just committing errors. In more ways than one an individual facing criminal charges can also end up facing a civil case, both at the same time.
Most people assume that such instances are simply impossible, but keep in mind that civil and criminal cases follow two different legal proceedings. This means that they operate in separate standards, making it highly possible that an individual could face two charges. If you’ve stolen a car, for instance, you face criminal charges under the law. However, it’s also possible to get sued for a civil case, especially when the victim borne out of the theft chooses to seek compensation.
Facing a criminal and civil case at the same time can be difficult. This is especially true if you or a loved one goes through the process, especially since the consequences can prove to be damaging. As you find the right attorney to handle your case, it’s important to first understand the situation.
To help you get started, we’ve created this quick and easy guide for you:
Understanding Civil and Criminal Cases
The purpose of all civil claims is to ensure that victims get the proper compensation they need. This is after suffering through a legal wrong, such as medical malpractice, negligence, and other personal injuries. More often than not, civil cases can be settled for money. However, a civil court may also end up ordering an injunction, which essentially means a desist order given to a party. The individual may also be asked to turn assets and properties over, but the penalty always remains to be money or fines.
Criminal cases, however, could likely lead to jail time. Apart from this, criminals also face the possibilities of not only extended prison time, but probation, hefty fines, and even mandatory counseling. The exact punishment will depend on the type of criminal charge on the table, which can result in years of prison time, thousands of dollars in fines, and other penalties to be paid to the court. Here, the defendant is expected to pay restitution to society for the crimes committed.
Simply put, a criminal case is based on a crime committed. A civil case, on the other hand, is entirely based on civil wrong. Criminal cases are categorized accordingly by state law, and Boston is no different. A person may have murdered another individual, for instance, and this will fall under criminal charges under Boston law. Consequently, other victims from the same scene or crime may come forth with a civil case for damages. As a result, the defendant ends up facing both criminal charges and civil cases.
Get Legal Help From the Best in Boston
If you or a loved one end up facing both criminal and civil lawsuits, the only thing left to do is to enlist the help of the best lawyers. Keep in mind that both cases fall under separate legal procedures, making it difficult to completely focus on a single area. You may need the help of two lawyers, both of which specialize in their specific practices.
If you need the expertise of both lawyers in a single person, however, The Fernandez Firm has you covered. As the best Boston criminal defense attorney, we’ll help you attain the results you need. Book a consultation today to learn more.