Civil vs. Criminal Cases: What Happens When They Collide?

When you are accused of a crime, the nightmare doesn’t always stop in criminal court. The same conduct can also trigger a civil lawsuit—a situation known as parallel proceedings. At Wallin & Klarich, we want you to understand how these two very different systems work, and more importantly, how they can impact your future.

Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our defense attorneys near you.

Who Brings the Case?

• Criminal cases are filed and prosecuted by the government. In California, they are brought in the name of “The People of the State of California.”
  
• Civil cases, on the other hand, are filed by private parties (plaintiffs) seeking money damages against the alleged wrongdoer (the defendant).
  

This means that one act—such as a DUI accident, assault, or fraud—can lead to both jail time in criminal court and financial liability in civil court.

Different Standards of Proof

Criminal and civil cases apply very different standards of proof:

• Criminal: You can only be convicted if the prosecution proves guilt beyond a reasonable doubt.
  
• Civil: You can be held liable if the plaintiff proves their case by a preponderance of the evidence (just over 50%).
  

Because the civil burden is so much lower, even if you are acquitted in criminal court, you can still be held liable in civil court. A well-known example is the O.J. Simpson case, where he was acquitted of murder in criminal court but later found liable for wrongful death in civil court.

Different Philosophies

• Criminal justice is focused on punishment (and sometimes rehabilitation). Penalties may include jail, prison, probation, restitution, fines, or even the death penalty.
  
• Civil justice is about compensation—restoring the plaintiff to the position they would have been in had the harm not occurred. The goal is to make the injured person “whole.”

Can a Civil Case Be Put on Hold During a Criminal Case?

If you are facing both civil and criminal exposure, your lawyer can ask the court to stay (pause) the civil case until the criminal case is resolved. But this is not guaranteed.

Without a stay, you may face a difficult choice:

• Invoke your Fifth Amendment right to remain silent, which could lead to an adverse inference in the civil case, or
  
• Testify in the civil case, which could hurt your criminal defense.
  

Courts balance several factors when deciding whether to grant a stay, including the plaintiff’s interest in moving forward, the burden on the defendant, judicial efficiency, and the public interest. (Keating v. OTS (1995) 45 F.3d 323).

Discovery Rules: Civil vs. Criminal

• Civil cases: Broad discovery. Parties can demand almost any non-privileged, relevant information.
  
• Criminal cases: Much narrower. The prosecution must turn over evidence to the defense, but the defense has no similar duty.
  

The key difference is that in criminal cases, prosecutors must disclose exculpatory evidence (evidence that could help the defendant), thanks to the landmark case Brady v. Maryland (1963). No such rule exists in civil cases.

Restitution in Criminal Cases

California law requires courts to order victim restitution in criminal cases. This can include:

• Property loss or damage
  
• Medical bills
  
• Mental health counseling
  
• Lost wages or profits
  
• Attorney’s fees
  

In People v. Taylor (2011), the court even ruled that victims could recover contingency attorney’s fees as restitution. This means you could end up paying for the victim’s lawyer, on top of any fines, restitution, and jail time ordered in your criminal case.

Contact Wallin & Klarich Today

If you or a loved one is facing criminal charges that may also lead to a civil lawsuit, you cannot afford to fight alone. At Wallin & Klarich, our attorneys have been defending clients in California for more than 40 years. We know how to protect your constitutional rights, safeguard you against self-incrimination, and develop a strategy that takes into account both your criminal defense and potential civil exposure.

At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.

Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.

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