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Philadelphia Federal Criminal vs. Civil Cases: Key Differences
Philly Fed Criminal vs. Civil Cases: Key Differences
Dealing with any kind of legal case can be stressful and confusing. And when your dealing with the big bad federal system, it can feel extra scary. As someone whose been there, I want offer some help in understanding the key differences between federal civil and criminal cases.
I’ll overview how the burdon of proof, sentencing, procedures, and outcomes differ. I’ll also give some examples of common civil cases and crimes. My goal is to educate and empower anyone struggling through the system. Let’s get to it!
Burdon of Proof
The burdon of proof refers to how much evidence is needed for the side bringing the case to win. In civil cases, the plantiff – the one suing – only needs a preponderance of evidence to win. Basically if the evidence points 51% their way, they met the burdon.
But in criminal cases, the prosecution has to prove their case beyond a reasonable doubt. That mean’s they need to convince the jury that theres like a 95% chance or more that the defendant did the crime. Otherwise, the jury has to vote not guilty.
So the burdon of proof is way higher for the government in criminal cases compared to civil ones. No wonder OJ got off! But also, this stops innocent people from getting wrongly convicted. Well, most of the time at least…
Sentencing Differences
If found guilty, the penalties you face are also way harsher for federal crimes versus civil violations. Judges have strict federal sentencing guidelines they have to follow for criminal convictions. Depending on your crime and record, your facing years if not decades behind bars.
But if you lose a civil case, the most common penalties are money damages and injunctions. Like if your found liable for fraud, the judge might order you to pay back the money you stole. Or if your business is breaking environmental laws, the court could order you to stop the violations.
No one wants to pay millions in damages or shutter their company. But still, way better than federal prison!
The Procedures Differ Too
There’s also key procedural differences between civil and criminal federal cases. On the criminal side, defendants have important constitutional rights like:
- The right to a lawyer – even a public defender for free
- The right to trial by jury
- The right against self-incrimination or forced confessions
These protections don’t exist in civil cases. So if you get sued for say, not paying taxes or polluting air/water, you have to pay for your own lawyer. And theres no jury unless you specifically request one.
Also, if you refuse to testify, the judge can take it as an admission of guilt. So invoking the Fifth Amendment privilege won’t help you in civil cases like it would for crimes.
What Kinds of Civil vs. Criminal Cases Exist?
To understand the division better, let’s overview some examples of typical civil and criminal cases in federal court:
Common Federal Civil Cases
- Employment Discrimination – Getting sued for illegal discrimination based on race, gender, disability etc. at your business
- Consumer Protection – Getting sued for violations like false advertising or defective products that harm consumers financially
- Immigration Issues – Violations of immigrant rights laws
- Environmental Protection – Getting sued for illegal pollution or hazardous waste dumping
Common Federal Crimes
- Drug Trafficking – Smuggling or selling large quantities of illegal drugs
- Fraud – Wire fraud, tax fraud, identity theft, etc.
- Bribery & Corruption – Bribing federal officials, government contract fraud, etc.
- Civil Rights Violations – Hate crimes or excessive force by police
- Cybercrime – Hacking, online scams, copyright violations, etc.
So in summary – violating individuals rights or scamming for profit tends to be civil, while acts threatening public safety/order become criminal. But there’s plenty potential for overreach both ways.
How Do the Outcomes Differ?
Finally, lets overview how the case outcomes differ if the defendant loses a civil case or gets convicted of a crime:
Civil Case Outcomes
- Money damages – Pay plaintiff for losses from your actions
- Injunctions – Court orders you to stop illegal behavior
- Settlements – Agree to plaintiff’s terms to avoid trial
- Rarely jail time – Except criminal contempt of court cases
Criminal Case Outcomes
- Prison Sentence – Years behind bars in federal prison
- Fines – Potentially millions of $ in fines
- Probation – Some leniency but under strict supervision
- Asset Forfeiture – Govt seizes property obtained illegally
- Collateral Consequences – Felon status, lost rights
I know that was a ton of info all at once! But I hope breaking down these key differences gives anyone struggling through the fed system some guidance and comfort. You got this! And if you have any other legal questions, don’t hesitate to reach out to me in the comments.