Criminal or Civil Lawyer
personal injury tort or criminal offense defense?
Often times people find themselves in legal troubles or situations not really knowing what type of an attorney will best be able to assist them. At Gourley, Rehkemper, & Lindholm, routinely field calls from individuals seeking legal advice but not really knowing what type of an attorney they need. If asked whether a potential client needs a civil or criminal attorney that answer is often: “I don’t know.”
When looking for an attorney it is important to know whether you need a lawyer to help resolve a criminal or civil matter prior to attempting to contact the attorney. There any many differences between civil legal problems and criminal legal problems such as types of punishments, laws, and burdens of proof, but there are times when a single incident may involve both civil and criminal ramifications. In those situations, you are best protected by retaining a law firm that can assist you with both. At Gourley, Rehkemper & Lindholm, we have lawyers that specialize in representing individuals regarding civil disputes, criminal prosecutions and business law, as well as business litigation.
Criminal Law
Generally the easiest way to determine if a legal matter is criminal in nature is to determine if there has been an arrest, ticket, or if the police were involved. Criminal offenses require first that a federal or state law be broken. These types of legal matters are usually punishable by prison, jail, fines, probation, and/or community service. The government whether it is the Federal, State, or Local will prosecute the offense and must prove the person guilty beyond a reasonable doubt. Some classic examples of criminal offenses include; theft, assault, embezzlement, operating while intoxicated, robbery, murder, arson, burglary, vehicular homicide, kidnapping, and traffic violations.
Civil Lawsuit
Civil matters generally involve disputes between two parties or organizations and the rights and duties that they owe to each other because of a negligent or reckless action or lack thereof. A civil dispute involves monetary damages or asking the court for a specific remedy that does not include jail for actions that cause physical, emotional, property, or monetary damages. A civil suit must be instigated by one of the parties to the dispute and generally must be proven by the complaining party by a preponderance of the evidence (i.e. more than 50%). Some classic examples of civil disputes include; personal injury, breaches of contracts, divorces or custody issues, accidents, property disputes, medical malpractice, assaults, dram shop liability, wrongful death. See also:
Both Criminal And Civil
Sometimes cases can involve both civil and criminal ramifications. The classic example is the OJ Simpson case (his murder case). As you will recall, OJ was found not guilty of murder but held liable (which is the same as guilty in the civil context) in the wrongful death case. The main reason for this was because the burdens of proof are different in the criminal context as compared to the civil context. Classic examples of situations where there may be both civil and criminal consequences include: murder and wrongful death, assault, trespassing, and traffic accidents.
Whether your case involves a civil or criminal issue, the attorneys at Gourley, Rehkemper & Lindholm are willing and able to represent you in any capacity your dispute requires. A favorable outcome for our clients is all we are willing to accept. Contact us today for a free initial consultation.
