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Overview of Civil vs. Criminal Cases

Civil cases and criminal cases serve very different purposes within the legal system. A civil case typically involves a dispute between individuals, businesses, or organizations where one party claims to have suffered a loss or injury due to another’s actions. The goal of a civil lawsuit is usually financial compensation or another remedy, such as enforcing a contract or protecting a property right. Civil cases are about resolving private disputes and compensating the injured party, not punishing wrongdoing.

Criminal cases, on the other hand, involve actions that society deems harmful enough to be considered offenses against the public, even if an individual was the immediate victim. In a criminal case, the government—either the state or federal authority—brings formal charges against an individual accused of violating the law. Unlike civil cases, criminal proceedings focus on punishing the offender and deterring future crimes, with potential outcomes like jail time, probation, or fines.

Key Differences Between Civil and Criminal Cases

One of the most important differences between civil and criminal cases is the burden of proof. In civil cases, the standard is a “preponderance of the evidence,” meaning it must be more likely than not that the defendant caused harm. In criminal cases, the government must prove the defendant’s guilt “beyond a reasonable doubt,” which is a much higher standard. This heavier burden exists because the stakes are so much greater — a person’s freedom is on the line.

Another critical difference lies in the parties involved. In a civil case, private individuals, companies, or organizations initiate the lawsuit. The dispute is between private parties, and the government usually has no direct role. In a criminal case, however, the government prosecutes the alleged offender. Even if a crime directly affects an individual, such as in cases of assault or theft, the state acts as the prosecuting party because the offense is seen as a violation against society as a whole.

The penalties also differ significantly between civil and criminal cases. In civil matters, the typical outcome is a monetary award to compensate the injured party or an injunction ordering a party to do (or stop doing) something. Jail time is never a penalty in civil court. In criminal cases, punishments can include incarceration, probation, mandatory counseling or rehabilitation, community service, and monetary fines paid to the government. The consequences of a criminal conviction can be far more severe and life-altering.

Examples of Civil vs. Criminal Cases in Utah

Civil cases in Utah cover a broad range of disputes. Common examples include personal injury lawsuits where someone seeks compensation for injuries caused by another’s negligence, such as car accidents or slip-and-fall incidents. Contract disputes are also prevalent, involving disagreements over the terms of business or personal agreements. Family law issues like divorce, child custody, and adoption are part of civil litigation, as are property disputes involving real estate ownership or lease agreements. Each of these cases seeks to resolve private conflicts without punishing the other party criminally.

Criminal cases in Utah deal with conduct considered offensive to public safety and order. Examples of criminal offenses include driving under the influence (DUI), assault and battery, possession or distribution of illegal drugs, theft, burglary, and white-collar crimes like fraud and embezzlement. In these cases, it’s the state of Utah, through the district attorney’s office, that prosecutes the accused. Convictions can lead to jail or prison time, probation, fines, or other penalties designed to hold the offender accountable and protect the public.

Am I Eligible For an Expungement?

If you are interested in getting an expungement, you must first obtain a certificate of eligibility in accordance with the standards provided by the Utah BCI. The first part of answering this question is answering a more general question: what does “expunged” mean? The basic answer to this is getting a record cleared off to the point where seeking employment can be easier for a convicted individual. If your record is expunged, when a potential employer asks you if you have ever been convicted of a crime you can say “no.” The employer could go to the BCI (Bureau of Criminal Identification) and run a background check on you and the results would come back as a clean record. However, getting an expungement does not mean it is forever off your criminal record. If you are subsequently charged with another crime, the judge will see your previous conviction(s) even if they have been expunged and they will be used against you.

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