Civil Processure Vs. Criminal Procedure: The Breakdown

Civil Procedure VS. Criminal Procedure: The Breakdown

The Civil procedure begins when a person, or persons, feels like they were wronged by another person and seeks an attorney in hopes to resolve the underlying issues between them. This is not the case for criminal procedures. In civil procedures, the attorney and the staff would interview witnesses, perform legal research and then decide if the client has a legitimate reason for litigation. If the attorney does decide that the client has a legitimate cause for action, the attorney and client will then begin the attorney-client relationship starting with a retainer agreement. The types of retainer agreements can vary depending on what type of case the attorney is litigating. The type of pay

The criminal process starts with the discovery of a crime where either someone reports a crime to the police or the FBI, or law enforcement finds out of a crime on their own. Once authorities are notified, an investigation begins. They will attempt to gather enough evidence to charge and convict the suspect. An arrest is made once the enforcement agent has probable cause. To make the arrest, an arrest warrant is typically needed. If the enforcement agent is making an arrest without a warrant, a reason must be provided to the suspect unless the suspect is in the act of committing a crime or being chased. Once the arrest is made, the prosecuting attorney will review the evidence and make a decision on whether or not to charge the suspect. Within 24 hours of the arrest, the defendant makes their initial appearance in front of the judge. During this time, the judge will notify the defendant of their charges, appoint counsel and/or set the bail amount. After this process, the preliminary hearing happens. Prosecution has to prove that there is enough probable cause that the defendant committed the crime they were charged with. Depending on the outcome, an indictment or information may happen. Once this happens there is an arraignment. This is hearing where the defendant is read their formal charges. Following this the discovery process begins. This is where the defense and prosecution exchange