Criminal vs. Civil
The Rotolo Law Firm handles both civil matters and criminal matters. While we deal with these different types of cases on a daily basis, we realize that quite often our clients may not understand the differences between a civil matter versus a criminal matter. The following provides a brief explanation of some of the key differences between a civil and criminal matter which may be useful. If, after reading the following you have questions, please do not hesitate to contact our law office to speak with one of our attorneys.
A harmful act committed against our society is referred to as a crime and falls under the jurisdiction of the Criminal Justice System. Criminal offenses are accusations of a crime against our society in general and as a whole. In contrast, civil cases mainly involve disputes between people or entities (i.e., a corporation).
There are other key differences between a criminal and civil case. Some key differences noted are as follows:
| Civil | Criminal |
| Commencement: A civil case begins with a claim by a plaintiff (a person or entity such as a corporation or the government) against a defendant (the person failing to carry out a legal duty owed to the plaintiff). | Commencement: A criminal case begins when the harmful act is committed. A victim of a criminal act is not responsible for initiating a case against the accused. The government, either federal or state, will prosecute an accused criminal. |
| Parties: There is a plaintiff(s) and defendant(s) which are also referred to as ‘parties’ or ‘litigants.’ | Parties: The government prosecutes the case through the United States Attorney's Office (federal crimes) or the New Jersey’s attorney's office (state crimes). |
| Outcome: Courts order the defendant to fulfill a duty or to make compensation for harm done or possibly both. | Outcome: A person that is found guilty of committing a crime receives a sentence, and the sentence may be in the form of
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| Purpose: The purpose of civilian law is to make sure that rights under the Constitution or under Federal or State Law are protected. | Purpose: The purposes of criminal law are to protect and to serve.
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| Attorneys Fees: Each party pays directly for his/her attorney fees although sometimes the payment of legal fees is included in the Court’s ruling | Attorneys Fees: Our Federal and State taxes pay for the prosecuting attorney’s salary (and the entire office); most times the accused pays for his/her legal fees, however, a court-appointed attorney is used when the accused cannot pay legal fees |
| Examples: contract disputes between parties, sexual harassment suits, accidents. | Examples: murder, assault, rape, sexual abuse, theft, robbery, burglary, fraud. |
If you or a loved one is accused of committing a crime, you need the best possible attorney to defend you in the courts of the law. You need The Rotolo Law Firm.
Call The Rotolo Law Firm today - 908.534.7900
