The Florida Bar
A Civil Case or a Criminal Case?
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What are the types of legal cases?

Our legal system recognizes two kinds of law cases -- civil and criminal. In civil cases, a person who feels wronged -- called the “plaintiff” -- brings legal action against a perceived wrongdoer to protect the plaintiff’s interests and, if appropriate, to collect damages. The person being sued is called the “defendant.” In a civil case, the person who feels wronged decides whether to bring suit and also decides how much money in damages to seek. In criminal cases, a victim of a crime does not sue, but rather the State (plaintiff) sues the person allegedly committing the crime (defendant), and the victim becomes a witness in the case.

What happens in civil cases?

In civil cases, if the defendant is found responsible, the court can enter a judgment for money damages, punitive damages, compensation for lost time/wages/income, and/or reimbursement for certain costs, maybe even specific performance of something to be done that was not done. The court also can issue injunctions against the defendant, and sometimes a court may enter a judgment awarding the plaintiff or the defendant for attorney’s fees. The judge cannot enter a judgment sending the defendant to jail or prison except in unusual cases where the defendant may have violated a court order.

What is a criminal case?


Who are the defendants in a criminal case?

In a criminal case, the accused, also known as a “defendant,” is charged with a crime against society -- that is, a violation of the laws regulating our conduct, such as murder, assault, conspiracy, theft, DUI, vandalism, robbery, etc. In addition, less serious conduct such as driving without a license may also violate criminal laws.

How does a criminal case proceed?


What is the burden of proof in a civil case?

In a civil case, the person (or a company) who started the lawsuit (plaintiff) has the burden and obligation to prove the case with stronger evidence than the defendant has. This is called the “preponderance of the evidence” standard. In other words, for the plaintiff to win the case, the judge or a jury must believe that the weight of the plaintiff’s evidence is greater than the weight of the defendant’s evidence.

What is the burden of proof in a criminal case?


Who gets to testify in a civil case?

In civil cases, any person may be required to testify in court. A plaintiff may call the defendant to testify, among other witnesses, and likewise, the defendant may call the plaintiff to testify.

Who gets to testify in a criminal case?


Should I consult an attorney?

If you are involved in either a civil or a criminal case, you should contact an attorney. There are many deadlines and time limitations that can affect your rights in either a civil or a criminal case, so consulting an attorney may help you understand your rights and obligations as well as your options for resolving the case.

Everyone has the right to hire and appear with an attorney, but in a civil case an attorney is not automatically appointed to represent a person who cannot afford one. In some circumstances, however, local legal aid organizations, as well as private attorneys, will agree to represent a person free of charge or for a reduced charge.

If you do not know whom to call, you may want to start with your local county bar association or The Florida Bar. You can find a local bar association online through The Florida Bar’s Lawyer Referral Service. Or you can call the referral service at (800) 342-8011.

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[Revised: 4/15]