There is no doubt that a simple man or a woman never wants to get on the wrong side of the law in their lifetime. However, life is unpredictable and strange things often compel us to deal with the nitty-gritty of the law.
According to David Genis – A Criminal Lawyer in Toronto, not understanding the difference between the criminal and civil proceedings and their legal impact on life, people often make grave mistakes during the legal process. These mistakes often create bad impacts on their cases.
That is one of the reasons why here we are trying to discuss different aspects of social and criminal cases.
How Do The Civil Cases Work?
The civil cases start when two or more individuals or corporations disagree on a legal matter. Most of the time, civil action deals with the problems with the terms of the contract and the ownership of the property.
The stages of Civil Cases
Pleading
In this, the plaintiff (the person who sues) starts a pleading with the court. The court officer signs the pleading and affixes the seal on the behalf of the court. The copies of this document are then delivered to the defendant (the person being sued).
The defendant must offer the court a statement of defence. Otherwise, the court will assume that the allegations of the plaintiffs are true, and the defendant might lose the battle before it begins.
According to David Genis – A Criminal Lawyer in Toronto, most of the time, the legal counsellors of two parties discuss the lawsuit before the trial begins, to settle it outside of the court.
Discovery
Before the trial period starts, each of the party can get an examination of discovery. This step helps both sides to understand the claims against the defendant and examine the evidence the other side is offering to the court.
Trial
During the trial, the plaintiff is responsible for offering the evidence that supports his or her claims. If the evidence justifies the demands of the plaintiff and makes the defendant liable, the court will hold the defendant legally responsible.
The End of the Civil Trials
If the plaintiff does not provide enough evidence and the defendant is found not liable, the judge will dismiss the case. However, if the court finds the defendant to be responsible, it can order the defendant to;
- Provide the remedy asked by the plaintiff.
- Tell the facts to the court.
- Explain ways of compensation to the satisfaction of the court.
What Is a Criminal Case?
A crime is what a person can commit against society as a whole. That is why the state generally starts the proceedings of the criminal cases.
There are two different types of criminal cases. One is summary conviction offences. These are the cases related to minor offences. The other one is the Indictable Offences. These offences are related to more serious crimes, like murder, breaking and entering, theft etc.
The person who is charged with the criminal offence is known as the accused. According to the criminal code, the accused is always presumed innocent unless proven otherwise.
Summary Offences
The accused is brought to the provincial court and the trial proceeds almost immediately. According to David Genis – A Criminal Lawyer in Toronto, the accused can be convicted and might get the maximum penalty for his or her offence. The penalty can involve prison time or monetary fine or both.
Indictable Offences
In these serious crimes, the accused has got three different choices. The number one is to request a judge hear the case alone in the provincial court. Secondly, they can request the judges and jury hear their case out in a superior court. They can also request the judge to hear their case alone in a superior court.
Sometimes there is a preliminary trial where the judge examines the case to make sure if there is enough evidence to proceed. If the judge thinks that there is not enough evidence, the case gets dismissed.
What Happens During an Arrest?
Arresting the accused is one of the major steps in the criminal procedure. While arresting the person, the police should follow certain steps to make sure that the rights of the accused are protected.
The police should read the rights to the person which should include that they can consult a criminal lawyer right away.
What Happens During Custody?
The person gets to a holding cell of any detention center. The police should let him or her appear in front of the court as soon as possible. During that time, the judge hears the proceedings and decides whether the accused should get pretrial release or bail. The release on bail is generally rejected if the case against the prosecutors is very strong.
The Criminal Trial
The criminal trials are a very serious affair as the person can not only lose his/her liberty, they can very well lose their life.
David Genis – A Criminal Lawyer in Toronto thinks that the criminal and the civil procedures both are serious in their own accord. The plaintiff/defendant, as well as the accused, should thus hire a good lawyer to make sure that their rights are preserved and justice is done.
