In many cases, the defendant can be released from jail before a trial if they meet the requirements for bail — money paid by the defendant to guarantee that they will show up in court.
Get helpful answers to top legal questions, instantly.
Individuals who have been accused of a crime may need to defend themselves in a criminal defense lawsuit. These lawsuits differ from civil lawsuits in that they are brought by the government and can result in jail time. Learn how a skilled criminal defense attorney can help you defend against charges in a criminal lawsuit.
There are two basic types of lawsuits:
In civil litigation, the plaintiff (person or company bringing the lawsuit) alleges that the defendant failed to satisfy a legal obligation.
If someone is charged with a crime, this means that the government is filing a criminal lawsuit against them. In a criminal lawsuit, the defendant (the person accused of a crime) argues against claims that they broke the law. This is known as criminal defense.
The chart below shows some differences between these two types of lawsuits.
Criminal Lawsuit | Civil Lawsuit |
---|---|
Brought by the government (usually led by a District Attorney) | Brought by a person, company, or the government |
Can result in monetary penalties or jail time | Usually result in monetary damages or injunctions (orders to do or not do something) |
Standard of proof is “beyond a reasonable doubt” | Standard of proof is “preponderance of the evidence” |
Almost always decided in a trial by jury | Can be settled outside of a trial or decided by a jury or judge |
Defendant is entitled to an attorney free of charge (public defender) | Defendant must pay for an attorney or represent themselves in court |
The same act can result in a criminal and civil case because of the different standards of proof. A famous example is the O.J. Simpson trial. Simpson’s conduct resulted in a criminal lawsuit and a civil lawsuit.
Some common criminal lawsuit practice areas include:
Depending on the severity and type of criminal offense, criminal defendants face many different penalties.
These penalties include:
In criminal cases, “beyond a reasonable doubt” is the burden of proof required to convict a person of a crime.
It requires the prosecution to convince the jury that the defendant is guilty beyond all reasonable doubt and that no other reasonable explanation can be derived from the evidence presented at trial.
The prosecution may present the following types of evidence to meet the burden of proof:
Witnesses may be required to answer questions asked by lawyers from both sides.
Direct examination is when a witness responds to questions posed by the attorney who presented them. Cross-examination is when the witness responds to questions from the opposing legal team.
A criminal defense lawsuit involves many steps, from initial arraignment (appearing in court to hear charges) to case sentencing.
Here’s a breakdown of what to expect.
After a defendant is arrested and charged, they will be brought before a magistrate judge for an initial hearing. During the hearing, the defendant will learn about the charges against them and their rights. The judge will also decide whether the defendant will be released or held in jail until trial.
In many cases, the defendant can be released from jail before a trial if they meet the requirements for bail — money paid by the defendant to guarantee that they will show up in court.
The judge will evaluate various factors before deciding whether to grant bail.
These factors include:
If the defendant cannot pay the bail bond, the judge may require the defendant to remain in jail until trial.
If the defendant pleads not guilty, a preliminary hearing may be held to decide whether there is enough evidence to determine that a crime has been committed and that the defendant may have been involved.
The preliminary hearing functions like a mini-trial. The prosecution will introduce evidence and call witnesses, and the defense will cross-examine witnesses. Unlike trials, though, the prosecution can present evidence that cannot be shown to a jury at trial.
Also called a pre-trial review, a pretrial conference is a hearing where all parties attempt to agree on the laws, issues, and facts prior to trial. They are made to exclude or secure evidence, end the case, or change venue. The court may hold one or more pretrial conferences.
Types of pretrial motions include:
Next, the defendant and their criminal defense attorney will work on their criminal case. They will gather and analyze all of the prosecution’s evidence and make notes of any gaps, discrepancies, or mistakes.
The defendant will write down their version of the events, and their lawyer will speak to others who may testify as witnesses. The lawyer can prepare the witnesses by going over questions that the prosecution may ask them and organizing materials — such as sketches, pictures, outlines, and maps — for court.
A plea hearing is a court hearing in which a defendant responds to the prosecution’s charges against them.
The defendant must give one of the following responses:
When a plea hearing takes place depends on whether the defendant is in federal or state court.
If the defendant pleads guilty at the plea hearing, they may attempt to settle the case through a plea bargain.
Legal Definition: A plea bargain is an agreement by a defendant to plead guilty to a lesser charge in exchange for a more lenient sentence or the dismissal of certain related charges.
Many defendants accept plea bargains to avoid more serious charges and the uncertainty and hassle of a trial and serve lighter sentences.
If the defendant pleads guilty, there is no trial. Instead, they start preparing for a sentencing hearing.
If the defendant does not agree to a plea bargain, they will go to trial. Trials take place in a courtroom and allow for witnesses and evidence to be presented.
During the trial, the prosecution must prove the case beyond a reasonable doubt. After the prosecution is finished presenting evidence, the defense can introduce evidence and call witnesses.
Throughout the trial, the judge will make decisions on various issues, such as whether a question being asked of a witness is appropriate or whether a piece of evidence is admissible.
The parties may enter into a plea agreement any time before the verdict is delivered.
Once all evidence and testimonies are presented, each side will give closing arguments. The jury will then be asked to return a verdict of guilty or not guilty. Once the jury reaches an agreement, they will announce their verdict to the judge, defendant, and lawyers in open court.
After the defendant is found guilty, the judge will issue a sentence.
The judge will refer to sentencing guidelines and consider statements from the victims, lawyers, and the defendant to determine the sentence. They may consider easing the sentence if the defendant has expressed regret or does not have a record.
A defendant who is found guilty can appeal the judgment if they believe the sentence was too harsh or that they were wrongfully convicted.
They can appeal by asking a higher court to review specific aspects of the case for legal errors. No new legal evidence may be considered by the appellate court (court of appeal).
If you are a defendant in a criminal defense lawsuit, your attorney can fight the lawsuit by getting the case dismissed or arguing exclusion of evidence.
Your criminal law attorney may be able to get the case dismissed by filing a legal motion to dismiss the case.
Your attorney may also argue for the exclusion of evidence by filing a Motion to Exclude or Suppress Evidence. This motion asks the court to ignore or exclude one or more pieces of evidence for legal reasons. The prosecutor may find it impossible to prove the alleged crime if the court grants this motion.
Your attorney will thoroughly analyze your case to get the best possible outcome. Here are some defense strategies an experienced criminal defense attorney might use.
The attorney may use evidence to argue that the alleged crime was never committed. For instance, evidence may show that you are facing theft charges over a computer that was never actually stolen.
Your trial lawyer may also prove that you did not commit the crime. For instance, they can produce an alibi to show that you were in another state when the crime occurred.
If you were not aware of the consequences of your actions, your trial lawyer can gather and present evidence to show that you lacked the knowledge or intent to commit the crime due to intoxication, mental incapacity, or duress (you were threatened into committing the crime).
Another defense strategy that a criminal defense attorney may pursue is arguing that your actions were justified.
This defense is based on the concept that certain circumstances may justify or excuse an otherwise illegal act. Common justifications include defense of others, self-defense, consent, or necessity.
Several factors can affect a criminal defense lawsuit and strategies, including the following:
“I served as a juror in June 2023. The criminal defense lawyer was animated, energetic, and passionate. When we started deliberations, jurors commented on the attorney’s level of excellence and said they would want him to represent them if they were ever accused of a crime. The experience highlighted the importance of having a skilled litigator by your side if you are fighting for your freedom.”
– Pennsylvania Court of Common Pleas Juror
An experienced criminal defense attorney provides several advantages for people facing criminal charges.
Here’s how a criminal defense lawyer can help:
Facing a criminal lawsuit can be terrifying for defendants and their loved ones. Not only can it lead to steep fines, but it can also lead to imprisonment and loss of future job opportunities.
As such, it’s important for defendants to have an experienced criminal lawyer by their side to fight for their rights.
Criminal lawsuits happen when someone commits a crime and the government pursues punishment on the public’s behalf. In contrast, civil lawsuits occur when a private party like an individual or company sues another private party to resolve a dispute.
Most criminal defense lawyers charge between $100 to $400 per hour. However, the cost of a criminal defense lawsuit depends on several factors, such as the criminal charge (felony or misdemeanor) and the complexity of the case.
Most reputable criminal defense law firms provide free consultations so you can see if the firm is a fit for your case.
Defendants who can’t afford the services of a criminal defense attorney or law office are entitled to legal representation by a public defender at no cost.
In most cases, a criminal lawsuit is filed by the government. However, in several states, people who believe that they have been the victim of a crime can file criminal charges against another party if the government declines to do so.
Yes, while it is technically possible to win a criminal lawsuit by yourself, self-representation is incredibly risky. The U.S. criminal justice system is complex and requires years of experience to navigate.
Unless you’re dealing with traffic tickets or another minor offense, it’s in your best interest to obtain legal services from an experienced attorney.
Fact-Checked and Legally Reviewed by: Rae Theodore
Rae Theodore is a writer and editor with more than 30 years of experience in legal publishing. She earned a bachelor’s degree in English from Pennsylvania State University.