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When You Are Being Charged on Both Civil and Criminal Levels

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How do you dictate whether you are being charged on a civil and criminal level? What if you have been accused of a crime and now you have many charges against you as you defend yourself from civil and criminal penalties. Criminal cases are usually handled by the state, while civil cases are handled by individuals who believe that they are entitled to damages based on the harm caused by the crime. As you can see, these tend to go hand in hand. However, there are many differences between the two.

The Many Differences 

  • Civil and criminal cases are very different from one another in the ways that they are handled and the punishments that result. Usually, criminal charges will lead to time in prison, while civil cases could result in monetary damages, especially when your case has led to injuries and other damages.
  • There is a much different standard of proof meant to dictate criminal cases. Crimes are proved beyond a “reasonable doubt,” while civil cases are held at lower standards. The punishments for civil cases tends to be less severe than crimes.
  • Defendants in criminal cases are entitled to attorneys, while those in civil cases are not.

civil and criminalYou will find that the consequences in criminal cases tend to be much higher, which means that you could spend time in jail and pay fines. This is why you also have more protections in criminal cases than you do in civil cases, because your life could be on the line depending on the severity.

Here is an example: You have been accused of assault because you punched somebody and it led to damages, such as serious injuries. In one of these cases, you could be charged on a criminal level as well as a civil level and have to pay for the damages if the party decides to bring a claim against you. As you can see, there are many cases that could bring both criminal and civil suits in their wake.

No matter what, it is imperative to have an attorney on your side to help you every step of the way when you have been accused of a crime. You can see that the penalties can be severe in either case, which is why we are here for you. Call us today at the Law Office of Peter Blair for more information.

The Differences in Being Charged on Federal and State Levels

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When you have been charged with a crime in California, no matter what the kind, it is important to seek legal advice so you can move forward with your case. If you have been charged with a federal crime, you will want to have representation that is familiar with these cases and the severe penalties you could be facing. These crimes are very different from one another.

To take a better look at both state and federal crimes, let’s look at some examples. The majority of crimes that take place today are state crimes. These crimes are investigated by a variety of people, from police officers, to state agents and county sheriffs. Some of the most common state crimes include assault, kidnapping, stalking, robbery, and homicide. However, those on a federal level are a bit different and involve different agencies like the FBI, DEA, IRS, and ATF. Some of the most common federal crimes include drug trafficking, immigration crimes, white collar crimes, and computer-related fraud.

How These Crimes Are Prosecuted

These crimes are covered under completely different systems with different judges for your case. Federal judges handle federal cases, while state court judges take care of state criminal cases. In federal cases, you will typically see all types of forensic evidence, which calls for help from a specialized federal attorney.

One of the main differences in these cases is the length of the sentence you could receive when the trial meets its end. Federal sentencing is used in federal cases, which consist of mandatory minimums. These are usually much lengthier than state sentences. Even if you have committed a federal crime that is similar to a state crime, the federal sentencing will usually be longer and harsher. Of course, the prisons are different as well. Whereas you may see more violent offenders in state prisons, those in federal prisons are usually non-violent offenders convicted of white collar crimes.

No matter what type of crime you are facing, it helps to have a criminal defense attorney on your side. We are able to help you with a variety of different charges and can help you get the best outcome possible. Contact us for more information.

Why You Should Have a Defense Attorney on Your Side

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If you were charged with a crime and need representation in your court case, a criminal defense attorney is for you. There are many aspects that a good defense attorney will be able to help you with, which goes above and beyond just arguing your case in court. From arrest to your verdict, we will help you – and now you can find out how.

How a Defense Attorney Can Help You 

Giving the Best Advice: Before you even enter the courtroom for the first time, a case is being made against you because you are suspected of committing a crime. This means that, everything you do, can and will be used against you. Without your attorney present, you should never speak to anybody because they have experience dictating what could help you and what could hurt you. Don’t let a case be made against you without your attorney’s help. 

Negotiations: Many criminal cases get settled outside of trial through negotiations. The defense may bring something to light before the case even hits a courtroom that helps you win your case right there. Maybe there was no probable cause for an arrest to be made in the first place. All of these aspects are considered when making these decisions. 

Plea Bargains: If the evidence in your case is strong and you believe you will be receiving a long sentence, you may be able to work with your attorney to receive a plea bargain. These can be rare in certain cases; however, having a helpful and experienced attorney on your side who understands plea bargains in and out can help you every step of the way in the process.

Arguing Your Case: Arguing your case is best understood when a defense attorney understands the strengths and weaknesses in your case. Trying to navigate these laws on your own can be complex and tedious, which is why you need us on your side.

Why it Pays to Have a Private Defense Attorney 

Lastly, having a private defense attorney definitely has its upsides. Sure, a public defender can look good in some ways; however, they tend to be overworked and underpaid and may not be able to handle the volume of cases thrown at them. A private attorney will put dedication into your case from all aspects. We can help you understand what you may be facing and help you get the best outcome. Call us at The Law Office of Peter Blair today.

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Have you been arrested?

While it is true that everyone makes mistakes, this fact is of little comfort when you have been arrested. An arrest could compromise your job, your social and familial relationships, reputation, literally life as you've known it. Since the government has the power to take away your liberty for a mandated period of time, possibly for the rest of your life, a vital first step after an arrest is to seek the counsel of a San Diego criminal defense lawyer who understands the courts and laws of our region. Criminal defense is definitely an area of the law you do not want to face alone or try to handle without assistance. No matter what the charge, a DUI, drug crime, internet crime or domestic violence, a professional criminal defense attorney will offer a free consultation.

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401 West A Street Suite 1420San Diego,CA92101
Phone(619) 357-4977Fax(619) 839-3745If you have been arrested we come to you.

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