CIVIL VS. CRIMINAL CASE IN JOHNSON, COUNTY KANSAS

We find those who have been to court, particularly for non-criminal matters, confuse that experience with being charged with a crime in the Johnson County, Kansas criminal courts. Today we will share with you some of the differences:

1. Criminal cases typically stem from an arrest. The arresting officer shares their finding with the Kansas prosecutor, who will review and determine if they will proceed. If they determine there is enough evidence they will formally charge you will a crime and, will be responsible for proving your guilty. On the other hand, a civil case can be filed by anyone (or any entity) that has believes they have experienced harm. They are responsible for proving that you are the cause of their harm and should have to pay damages;
2. A finding of guilt in a criminal case may result in loss of your freedom or liberty (i.e. probation, jail, prison, house arrest, etc.). In a civil case there is no longer a debtors jail; therefore, a monetary judgment will be placed against you but, your freedom and liberty remain in tact;
3. The burden of proof is highest in Kansas criminal case. The prosecutor must prove that you are guilty beyond, and to the exclusion of, reasonable doubt. If the judge or jury does not have an abiding conviction that you are guilty of a crime they must find you innocent. A preponderance of evidence is all that must be shown for a civil case to be won. Simply tipping the scales, of proof or evidence, in your favor (51% or higher) could mean a judgement in the harmed party's favor; and
4. If you are facing jail or prison time, because of the crime you have been charged with, and you cannot afford an attorney (because you are indigent) the state may appoint you an attorney (ex. public defender). The criminal court judge will advise you of this right. Civil matters do not afford you the same opportunity. Each party must hire their own attorney or represent themselves.

Be careful not to confuse your experience in small claims, family or civil court with being in the Kansas criminal courts. Your freedom and future are on the line, if you have been charged with any crime. You need an aggressive and experience Kansas attorney by your side in court. Call us today, Attorney T. Morton, 913.602.7288.

Click HERE for more information about the Johnson County, Kansas criminal justice process.