Attorney Rahul Balaram Answers, The Alleged Victim Dropped Suit – Why Am I Still Being Charged?
If you were presented with criminal charges for a business mishap, many times all you want is for things to go back to normal or for the situation to go away entirely. In some circumstances, the victim may decide not to prosecute, or the charges may be dismissed by the judge. However, just because the road has ended with criminal prosecution, it does not mean you are safe from being charged in a civil action lawsuit. Here, criminal defense attorney Rahul Balaram explains the difference between criminal prosecution and civil action, and discusses why you need a strong attorney who can represent you in either case.
In criminal prosecution, the case is brought to court by the government or state to provide proof that a crime was committed. Crimes may include theft, assault, robbery, or others. The state or government is required to provide evidence to prove “beyond a reasonable doubt” that the act was committed by the defendant. A defendant in a criminal prosecution usually has more rights and protections as the consequences of an affirmative charge can be much more severe. A guilty sentence can be punished by sentencing to prison, fines, or potentially the death penalty if severe enough.
A civil action suit is brought to trial by an individual, company, or organization against another individual or organization. In a civil suit, usually the plaintiff (person or company bringing about the charges) is providing information to the court to present a wrongdoing by the defendant and requesting for the court to require the defendant to resolve a wrongdoing in the form of monetary compensation for damages. Defendants in a civil case typically have less rights and protections as the punishment can be less harmful than that of a criminal case. In cases of civil law, resolution is determined through punitive damages, which is usually a monetary figure that involves reimbursement of legal costs and a monetary representation of damages.
Why Criminal Charges Can Be Dropped
Often times, a criminal case is presented because the attorney for the victim believes that there is enough evidence to prove a case. During the process, if the prosecutor or judge deem that there is not enough evidence or information to support the claim, the criminal charges may either be dropped or dismissed altogether. Other reasons the charges may be dropped include new information that goes against the initial evidence, inadmissible evidence, or some type of proof that the defendant had their rights violated in the process.
Finding the Right Attorney
Legal matters can have a permanent impact on your reputation and your life as a whole. Once you understand the charges that are being brought against you, it is vital to find an attorney that can represent your situation specifically.
Having an attorney that can represent your case both in a criminal case setting as well as defend you if your case gets brought to civil court can help ensure you have the best chance at reducing or dismissing any charges you are up against.
About Rahul Balaram:
Rahul Balaram is an experienced and dedicated attorney that has represented hundreds of clients. Mr. Balaram takes pride in ensuring his clients are aware of every aspect of their case and that their interests are presented with dignity, compassion, and competence.
Rahul opened the Balaram Law Office in Santa Rosa and is widely known for his excellent trial skills, his unrelenting work on behalf of his clients, and the outstanding results that his clients receive.