what is the difference between a prosecutor and a defendant?
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The district attorney is responsible for all criminal prosecutions within his jurisdiction. The prosecutor attempts to gain a conviction against the accused, also known as the defendant, by presenting a case that will convince a judge or jury of the defendant's guilt. ... The defense represents the defendant.
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During the arraignment hearing the prosecutor or judge would read the charges to the defendant so he understood what he was being charged with and could, in response, decide if he needed to hire an attorney, gather up witnesses and other evidence or simply plead guilty.
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The District Attorney is usually the county attorney dealing with routine crimes within a specific county. The Attorney General is usually involved in statewide cases or setting regulations to help outline things like consumer protection rights under existing laws.
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Burden of Proof. ... Plaintiffs in civil cases typically have the burden of proving their allegations by a preponderance of the evidence. In criminal cases, the prosecution typically has the burden of proving its allegations beyond a reasonable doubt.
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The key difference between a bench trial and a jury trial is whether or not there is a jury to decide the outcome of the case or whether a judge makes a decision. ... The jury determines if a witness is credible, while a judge determines if a witness' testimony is admissible or not based on the rules of evidence.
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Advantages of Hiring a Public Defender Public defenders are familiar with a variety of criminal cases and usually have experience working on criminal cases. They work with prosecutors on a routine basis and may have a better relationship with them that can help get plea agreements through.
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In Civil Law, the wrongdoer gets sued by the complainant or the aggrieved party. In Criminal Law, the accused person will be prosecuted in the court of law. In the case of Civil Law, there is no punishment like Criminal Law, but the aggrieved party receives the compensation and the dispute gets settled.
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So, just to reiterate, a charge is a formal allegation that a person has committed a criminal offence. A conviction is a formal declaration of guilt by the court.
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A lawyer who represents the state in local criminal cases is usually referred to as the "District Attorney," although, depending on your state, these attorneys can go by other titles such as "Prosecuting Attorney" or "County Attorney." The Attorney General of a state typically represents the state in civil cases, but ...
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A public defender is appointed by the court and possibly paid for by the Defendant. An attorney is one which you privately hire to defend you in the case.
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Prosecutor is a generic term that refers to the individual lawyer that is representing the State against a criminal defendant. ... District attorney is a specific prosecutor, usually one person from a local jurisdiction that is elected. Most cities have a District Attorney.
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A person is usually named as a target only when prosecutors are ready to bring criminal charges. ... To a federal prosecutor, a subject is a person whose conduct is within the scope of a grand jury's investigation.
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The main difference is that Local Court is heard by a magistrate with lawyers appearing for accused people, with no jury. District Court is when Judges, Barristers and juries play their role. ... 98% of all criminal and civil cases are finalized in Local Courts. Local courts are where all criminal matters are first heard.
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In a criminal court, a defendant is either acquitted or found guilty beyond a reasonable doubt. It is the responsibility of the state or federal government to prove that the defendant undoubtedly committed the crime. In a civil court, a plaintiff brings a lawsuit against a defendant.
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When an officer arrests someone, the accused is taken into custody. Similarly, when a grand jury returns an indictment or a prosecutor files an information, a judge or magistrate issues a warrant for the arrest of the person charged if not already under arrest, and the person is taken into custody.
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If you commit an act of false imprisonment you can both be charged with a crime and be sued by the victim in civil court. ... When a crime occurs, it is up to a prosecutor to charge the suspect in a criminal court. If you are convicted of a crime you face penalties imposed by the state, such as jail or fines.
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All prosecutors are lawyers but not all lawyers are prosecutors! A lawyer is a person who is licensed to practice law. A prosecutor is a lawyer that works for a prosecutors office, which is essentially a government law firm whose only client is the State, and the State pays the prosecutors office to uphold it's laws.