Legal representation is another important point differentiating criminal trials and civil cases. In a criminal trial, defendants always have the right to an attorney, which, like the right to a jury, is protected in the Sixth Amendment. If a defendant can’t afford a lawyer, the state must provide one free of charge. In civil cases, on the other hand, there’s no such protection. A lawyer may represent a defendant in a civil case, but if the defendant can’t pay, then they must represent themselves. Also notable, only a lawyer for the state — such as a district attorney or county prosecutor — can file a criminal case, according to LawHelp.org.
Meanwhile, civil cases can be filed by private individuals and are always heard in district court, if they go to trial at all — many are settled out of court, as noted by United States Courts. There are also a whole host of protections given to defendants facing criminal prosecution that are not afforded a defendant in a civil case, such as against illegal search and seizure, as mandated in the Fourth Amendment of the U.S. Constitution. Although this varies somewhat between jurisdictions and the nature of the civil case, out-of-court settlements between a plaintiff and a defendant do not become public record, as opposed to guilty, not guilty, or acquittal verdicts at the conclusion of criminal trials, per Bernstein Injury Law.
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If you or anyone you know has been a victim of sexual assault, help is available. Visit the Rape, Abuse & Incest National Network website or contact RAINN’s National Helpline at 1-800-656-HOPE (4673).
