Key Differences Between Civil and Criminal Litigation in Maryland

When legal issues arise, it is important to understand that not all cases are handled in the same way. In Maryland, there are two main types of legal cases: civil litigation and criminal litigation. These two kinds of cases are very different, both in how they are brought to court and in the possible outcomes. Knowing the differences between civil and criminal litigation can help you better understand the legal process and what to expect if you are involved in either type of case.

C. Edward Hartman III

Christian Hartman

Zachary Zepko

Civil litigation involves legal disputes between individuals or entities, usually over issues like money or property. In these cases, one party, known as the plaintiff, seeks compensation or some other remedy from the other party, called the defendant. On the other hand, criminal litigation involves the government bringing charges against an individual or group accused of committing a crime. The government, represented by the prosecutor, seeks to prove that the defendant is guilty of breaking the law.

While both types of cases take place in courtrooms, the procedures, stakes, and potential outcomes vary significantly. To gain a deeper understanding of the key differences between civil and criminal litigation in Maryland, it is important to explore these differences in detail. At, Hartman, Attorneys At Law , we are here to guide you through the legal process and help you navigate the complexities of your case.

Who Brings the Case to Court?

One of the main differences between civil and criminal litigation is who brings the case to court. In civil litigation, it is typically a private individual, business, or organization that files a lawsuit. For example, if someone is injured in a car accident due to another person’s negligence, they may file a civil lawsuit seeking damages. In these cases, the person who files the lawsuit is known as the plaintiff. The plaintiff believes that the defendant has caused harm and is asking the court to provide compensation or some other form of relief.

In criminal litigation, the case is brought to court by the government, not a private individual. This means that the government files charges against a person or group accused of committing a crime. The government is represented by a prosecutor, who works to prove that the defendant broke the law. The prosecutor’s job is to convince the court that the defendant committed the crime beyond a reasonable doubt. In Maryland, as in other states, criminal cases are usually brought by state or federal prosecutors, depending on whether the crime violates state or federal law.

What Is at Stake in Civil vs. Criminal Cases?

The stakes in civil and criminal litigation are also very different. In civil cases, the plaintiff is typically seeking some form of compensation or remedy for the harm they believe the defendant caused. This might include money to cover medical bills, property damage, lost wages, or emotional distress. Civil cases are often resolved through monetary settlements or by requiring one party to perform or stop performing a certain action. In many cases, the goal is to make the injured party “whole” again by providing financial compensation.

Criminal cases, on the other hand, carry much higher stakes for the defendant. In criminal litigation, the government is not seeking money but rather justice for society. If the defendant is found guilty of the crime, they may face severe punishments. These can include fines, probation, community service, or even imprisonment. In some cases, especially those involving serious crimes, the defendant may face long-term imprisonment or other harsh penalties. The purpose of criminal litigation is not only to punish the offender but also to protect the public and prevent future crimes.

The Burden of Proof in Civil vs. Criminal Cases

Another important difference between civil and criminal litigation is the burden of proof. This refers to the level of certainty the party bringing the case must meet in order to win. In civil cases, the plaintiff must prove their case by a “preponderance of the evidence.” This means that the plaintiff must show that it is more likely than not that the defendant is responsible for the harm or wrongdoing. In other words, the evidence must tip the scales slightly in favor of the plaintiff.

In criminal cases, however, the burden of proof is much higher. The prosecutor must prove that the defendant is guilty “beyond a reasonable doubt.” This means that the evidence must be so strong that there is no reasonable doubt in the minds of the jury or judge that the defendant committed the crime. Because the stakes are higher in criminal cases, with the potential for the defendant to lose their freedom, the burden of proof is more difficult to meet.

The Role of Attorneys in Civil and Criminal Cases

In both civil and criminal litigation, attorneys play a key role in representing their clients and arguing their cases in court. However, the way attorneys operate in each type of case can be quite different. In civil litigation, the plaintiff’s attorney is responsible for presenting evidence that supports the claim for damages. The defendant’s attorney, in turn, works to show that their client is not responsible for the harm or that the damages requested are not justified. Civil attorneys often negotiate settlements to avoid going to trial, but if a settlement cannot be reached, the case may be argued before a judge or jury.

In criminal litigation, the prosecutor acts on behalf of the government to prove that the defendant is guilty of the crime. The defense attorney, on the other hand, is tasked with protecting the rights of the accused and presenting evidence that challenges the prosecutor’s case. In Maryland, as in other states, defendants in criminal cases have the right to an attorney, and if they cannot afford one, a public defender may be appointed to represent them. Criminal defense attorneys may seek to have charges dismissed, negotiate plea deals, or argue for a not-guilty verdict at trial.

The Potential Outcomes of Civil vs. Criminal Cases

The potential outcomes of civil and criminal litigation differ greatly. In civil litigation, the goal is typically to resolve a dispute by awarding compensation or other remedies to the plaintiff. If the plaintiff is successful, the court may order the defendant to pay damages or take other actions to remedy the harm. However, even if the defendant loses the case, they are not sent to jail or otherwise punished in the same way as in criminal cases. Instead, they are required to make the injured party “whole” again by compensating them for their losses.

In criminal litigation, the stakes are higher because the defendant’s freedom may be on the line. If the defendant is found guilty, they may be sentenced to pay fines, serve probation, or spend time in jail or prison. In serious cases, such as those involving violent crimes, the punishment can be severe and long-lasting. In contrast to civil cases, the outcome of criminal litigation is intended to protect society and deter future crimes, rather than simply resolving a dispute between private parties.

The Right to a Jury Trial in Civil vs. Criminal Cases

The right to a jury trial is another important distinction between civil and criminal litigation. In criminal cases, the defendant has a constitutional right to a trial by jury, and this right is a critical part of the criminal justice system. A jury of the defendant’s peers hears the evidence and decides whether the defendant is guilty beyond a reasonable doubt. This process is designed to ensure that the defendant receives a fair trial and that the government must meet a high standard of proof before depriving someone of their liberty.

In civil litigation, the right to a jury trial is not always guaranteed. In some civil cases, the parties may choose to have the case heard by a judge rather than a jury. Additionally, some civil matters, such as small claims disputes, are resolved without a jury. When a jury is involved in civil cases, their role is to determine whether the plaintiff has proven their case by a preponderance of the evidence and to award damages if appropriate.

Understanding the key differences between civil and criminal litigation in Maryland can help you navigate the legal system and make informed decisions if you are involved in a legal matter. Civil litigation typically involves disputes between private parties over issues like money or property, while criminal litigation involves the government prosecuting individuals for crimes. The stakes, burden of proof, and potential outcomes vary greatly between these two types of cases.

If you find yourself facing either civil or criminal litigation in Maryland, it is essential to seek legal guidance from experienced attorneys who can help you protect your rights and achieve the best possible outcome. The legal system can be complex and challenging to navigate on your own, and having the right legal representation is crucial.

At Hartman, Attorneys At Law, we are committed to providing our clients with the support and guidance they need in both civil and criminal cases. Whether you are facing a legal dispute or criminal charges, our team is here to help you every step of the way. Contact us today to learn how we can assist you in your case.