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Table of Contents

  1. What is the difference between criminal procedure and civil procedure?
  2. Do I have to answer police questioning?
  3. If arrested, what steps can I take on my behalf?

What is the difference between criminal procedure and civil procedure?

When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time.
In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.

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Do I have to answer police questioning?

When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time.
In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.

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If arrested, what steps can I take on my behalf?

a. Do not discuss your situation with anyone except your attorney.
b. Unless your attorney says otherwise, do not discuss your case with law enforcement.
c. Request to have your attorney present if you are to be put in a lineup or subjected to testing.
d. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.

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