Understanding the Distinction between Criminal and Civil Cases in Oklahoma
Criminal Cases vs. Civil Cases
Today we’re going to try to demystify that which is greatly mysterious, which is the practice of law. My name is Tulsa personal injury lawyer Mike Ashworth. My specialty is personal injury, although I’ve done many other things in my career. We’re going to talk a little bit today about the difference between a criminal case and a civil case. What’s the difference? Are they mutually exclusive? Well the answers are they are not mutually exclusive. Let’s talk very briefly about that.
What is a Criminal Case?
A criminal case is when you commit a transgression against the people. The lawyer for the victim in a criminal prosecution is a government lawyer. In Tulsa it would be the municipal prosecutor. In the state of Oklahoma, Tulsa County, it would be the district attorney’s office. In the federal system it would be the Department of Justice. But they are not your lawyer when you’re the victim. They are the lawyer for the people and you are a victim that they are working with to try to get a remedy by holding the person accountable in a criminal sense. That means they could go to jail, they could go to prison, they could forfeit certain properties such as drug proceeds, they could forfeit residential property if it’s used to promote sales of fentanyl for example. And they could give you a fine designed to punish you. That’s a criminal case.
What is a Civil Case?
A civil case is when you as the victim, for example in a criminal case, let’s say for example in a criminal case it’s an assault and battery with a dangerous weapon, somebody whacks you with a ball bat. They get prosecuted for that and they get a prison sentence for a violent felony. But now you as the victim, you hire your own attorney because you don’t get to pick the district attorney, you don’t get to pick the Department of Justice or the city prosecutor. They’re assigned because they represent the people. But in a civil case you get to pick your lawyer, you get to pick the horse you want to ride in on, pick it well. And they will sit there and go after damages. What are damages? Well getting hit with a ball bat, the damages are that hurt like heck, but I may need stitches, I may have a closed head injury, traumatic brain injury, or I may have something going on inside where I’ve got these little bleeds and things. I may be losing my memory, I may not be able to walk anymore, I may not be able to talk for a while. Those are significant damages. And in a civil case you’re suing for those damages.
How Do They Differ?
Now the criminal case can ask for what’s called restitution, well in addition to that there’s all these medical bills we want you to pay. But you are suing on your own with your own lawyer and suing that individual who has to get their own lawyer. Now if you’re an indigent in the criminal system, the government will provide you a lawyer called a public defender in most instances, or an indigent defender. In the civil case example, you don’t get a free lawyer. It’s not Gideon versus Wainwright where it’s criminal due process rights. They have to hire their own lawyer. So criminal, government brings the case, you’re a super witness so to speak, but you are not the client of the government. Civil case, you pick your horse, your lawyer, you are a client and they owe you duties and obligations as a client. What you say between each other is confidential. What is said between you and a prosecutor is not confidential. So I hope you understand the difference now, I’m not afraid, but they are not mutually exclusive. The same bad act can end up in both courts.
Get a Free Consultation
This is Oklahoma personal injury attorney Mike Ashworth, visit my website at TulsaPersonalInjuryLawyer.pro or call 918-924-5528. Let me take a shot at answering your questions, it’s free, you’ve got nothing to lose. If I can’t do it, I’ll try to get you to someone who can. Take care.
