What is the difference between a criminal and civil case?
A. A criminal action arises when there is an alleged violation of a state or federal law. Criminal cases are always prosecuted by the government (either the state or federal government, and not the alleged victim) against individuals or, in rarer instances, against business entities. The District Attorney’s office prosecutes state cases and the Attorney General’s office prosecutes federal cases. Application for the issuance of a criminal complaint may be sought by a private person or business entity, or by the police or other law enforcement agency; for example, in cases involving drunk driving or other motor serious vehicle offenses. Once the criminal complaint issues, the government thereafter “steps into the shoes of the victim” and effectively acts as the victim itself. This means that the government might occasionally attempt to prosecute a matter even without the cooperation of the original victim; for example, in cases involving restraining order violations, domestic abuse or ot