ADVERTISEMENT
Lawyer writing a report for a case

Criminal vs. Civil Law

When you are dealing with a criminal or civil case, it is important to have a general understanding of what to expect. An attorney can help you understand local court rules and how to move forward in your case. If you are unable to afford to hire a lawyer, you may want to consider securing the services of a pro bono lawyer or applying for legal representation at a Legal Aid Service organization. When applying for legal aid, it is important to be aware of which type of attorney can help for your specific legal needs.

Issues Addressed by Criminal Courts

If you have been charged with a crime, a judge who handles criminal matters will hear your case. You may remain in jail for up to 24 hours before you are entitled to a first appearance hearing. At the first appearance, a judge will inform you of your right to have a lawyer. The judge must also make you aware that a lawyer will be appointed for you in the event you cannot afford to hire a lawyer.

Criminal courts handle cases involving serious traffic infractions, misdemeanors, and felonies. The legal elements of crimes and sentencing required vary depending on state law. Other stages involved in a criminal case include arraignment, plea bargaining, preliminary hearing, pre-trial motions, discovery phase, criminal trial, sentencing, and appeals.

Issues Addressed by Civil Courts

Civil courts handle disputes over liability, landlord-tenant issues, small claims, estate planning matters, probate, contract disputes, employment discrimination, and other areas. Civil courts frequently hear personal injury cases involving insurance companies and injured victims. Victims may assert their right to compensation due to the liability of another party.

There is no constitutional right to have a lawyer in a civil case. Those who cannot afford to hire a lawyer may be able to receive help from a legal aid organization.

Pro Bono Lawyers Available for Criminal and Civil Issues

In a criminal case, low-income clients may have a public defender appointed for their case. Some states also maintain a public interest firm that is dedicated to providing low-cost criminal defense legal services for individuals. Clients may be able to secure a lawyer of their choosing by working with one of these organizations.

For civil issues, a Legal Aid Service organization or Legal Aid Society organization may be able to assist an individual in securing representation. Individuals who have civil legal issues should contact a legal aid service organization to inquire whether representation is available for their needs. Pro bono lawyers, those who volunteer their services at no cost, may also be available to represent your case.

Affordability of Legal Aid Services for Criminal and Civil Cases

Typically, a legal aid service organization will provide legal assistance to individuals at no cost. An individual will need to fill out an application for services that are considered by an intake specialist. An intake specialist will determine whether prospective clients qualify for free legal services at their current income level.

For criminal cases, low-income clients will need to pay for the services of a public defender to the extent that they are able. The public defender's office uses an income scale to determine the pay rate for a defendant.

Last Updated: March 24, 2015