Top Three Crimes Involved in Civil Cases
Hit-and-run wrecks, assaults, and DUIs are the most common civil-criminal crossover cases.
Sometimes, civil and criminal matters are separate and distinct. Other times, civil and criminal matters are like John Lennon and Paul McCartney. The Beatles would not have existed without both. Likewise, many victims cannot get complete justice in civil or criminal court. They must seek redress in both forums.
Criminal and civil courts are separate and distinct in most ways, but they have some things in common. For example, criminal defendants and injury victims both need a Norcross civil crimes lawyer. Attorneys obtain maximum compensation for victims and effectively defend the rights of criminal defendants.
Assault and Battery
Family violence assaults usually affect current and/or future family law matters. Other kinds of assaults often involve civil matters.
Domestic violence is usually a key factor in divorce, child custody, and other such family law proceedings, especially if a child was the victim or witnessed the incident. Many attorneys successfully transform such an incident into the tentpole of a successful claim. On the other side, attorneys must successfully fight the charges or, as a fallback, seal the conviction record.
Domestic assault criminal cases usually also involve protective order proceedings. These proceedings often begin in criminal court and end in civil court.
Police officers are much more likely to take action if a violation of a court order (protective order) is involved. Otherwise, they must listen to a she-said, he-said debate. A Norcross civil crimes lawyer for defendants usually negotiates an out-of-court settlement that protects the alleged victim and avoids the “protective order” legal label.
DUI
Driving under the influence or another alcohol-related driving offense could involve, and usually does involve, several civil matters:
- Civil Forfeiture: Georgia has a very broad civil forfeiture law that enables police officers to seize property that was used in the commission of a crime, like a car in a DUI. Such matters are very common in large drug trafficking matters but rare in other cases.
- License Suspension: If the defendant refuses to provide a chemical (breath or blood) sample or fails a chemical test, the state immediately begins driver’s license suspension proceedings. An administrative law judge will suspend the defendant’s license if s/he finds, by a preponderance of the evidence, that officers had probable cause to demand a specimen.
- Personal Injury: If a tortfeasor (negligent driver) violates a safety law, like the DUI law, and that violation substantially causes injury, the tortfeasor could be responsible for damages in civil court as a matter of law.
Personal injury/DUI matters often feature third-party liability claims. Restaurants, bars, and other commercial providers could be vicariously liable for damages in these cases.
Hit-and-Run Accidents
These incidents highlight the different burdens of proof in criminal and civil matters (beyond a reasonable doubt and preponderance of the evidence (more likely than not)).
Usually, criminal prosecutors must produce a credible witness who had a good look at the defendant behind the wheel of the vehicle at, or near, the time of the wreck. Such evidence is very rare, which is one reason, so few hit-and-run drivers are prosecuted in criminal court.
However, in civil court, an attorney must only identify the vehicle’s owner, usually through a partial plate number. It’s more likely than not that the owner was operating the vehicle at any given time.
Count on a Dedicated Gwinnett County Civil Crimes Attorney
Regardless of the forum, attorneys stand up for your legal rights. For a confidential consultation with an experienced civil crimes lawyer in Norcross, contact Zimmerman & Associates, Attorneys at Law. The sooner you reach out to us, the sooner we start working for you.