If you have ever been in a courthouse to witness or partake in a criminal trial, the chances are that you know the basics regarding criminal charges. You are probably familiar with the need not to break the law, the potential consequences of an arrest warrant, and the importance of remaining silent, as anything you say can and may be used against you at trial.
“You need to know the rules applicable to criminal charges in your state, other than generalizing, expecting to have similar actions in federal and state laws,” says criminal attorney Andrew H. Stevenson of Andrew H. Stevenson Attorney at Law, LLC.
In this article, we take this knowledge a step further by providing you with some key facts you should know about state-level criminal charges. That way, you can know what to expect should you or someone you know become involved in a criminal charge.
There Is a Clear Difference Between State Charges and Federal Charges
One of the most important things to note is that state charges are not always equivalent to federal charges. In states like Ohio, many criminal charges are prosecuted at the state level, including misdemeanor assaults and felonies. Many criminal charges are prosecuted in accordance with state regulations and federal statutes.
You Can Face Civil Liability Even If the State Drops the Charges
In a criminal case, the state, upon examining the case, can decide to drop the charge. Please note that this does not always mean you are off the hook and completely free. The absence of adequate evidence might result in prosecutors dropping a case, but this does not prevent victims with injuries from bringing a civil lawsuit. So, while working away from criminal charges is a good thing in many cases, it does not mean you may not be dealing with personal injury compensation payments.
A Criminal Conviction Can Fuel a Civil Lawsuit
If a person is convicted of a crime like assault, reckless driving, or drug-impaired operation, that conviction can serve as compelling evidence in a personal injury lawsuit. In legal terms, this is known as “collateral estoppel,” which means that the facts decided in one case may be applied to another. So, if a court finds someone guilty of aggravated vehicular assault, the injured party’s road to compensation just got a lot smoother.
Your Statement in a Criminal Case Can Be Used Against You in a Civil One
Yes, you have the right to remain silent, but many people forget that silence in a criminal trial does not extend to a personal injury claim. If you testify in your defense during your criminal case, those statements can often be used later in a civil court. This is especially dangerous if you are trying to downplay your involvement.
For example, saying “I only had two beers” in criminal court might help you avoid jail time. But in civil court, that admission can still support a negligence claim if it shows you were impaired when the injury occurred. To avoid any misstep, it is advised that you coordinate with both your criminal defense and personal injury attorneys at all times.
Restitution Is Not the Same as Civil Damages
After a review of the criminal charge against you, the courts may order that you pay restitution to the victim. The goal of this cost is to compensate the victim for all out-of-pocket expenses incurred, such as medical bills or property repairs. While restitution costs only cover tangible losses, victims can bring a civil lawsuit to recover non-economic losses. These non-economic losses can include, but are not limited to, loss of consortium and emotional distress.
Conclusion
In Ohio, criminal charges are not only about payment of fines, dismissal of claims, or conviction. It is a complex web of activities that can involve several other components, like a civil suit. Additionally, you may have a different state rule governing your charges than the one outlined in the federal statute.
An ideal approach to handling state-level criminal charges is to speak with a criminal law attorney in Ohio. Their knowledge of criminal law and the local courts in Ohio can come in handy for you throughout your case.
Also read: Guide to Personal Injury Claims and Lawsuits
