Terms

Home > Terms > Defendant

The defendant in a civil or criminal case is the party who has been accused of some wrongdoing or criminal activity. In a civil case the defendant is the person who has been accused of some non-criminal wrongdoing (often called a tort) for which the other party (the plaintiff) seeks monetary compensation. In a civil case, the plaintiff is the person who has allegedly suffered losses as a result of the actions, recklessness, malpractice, or negligence of the defendant. A civil case settles disputes between two parties: the plaintiff who allegedly suffered damages and the defendant who caused them.

A criminal case works much differently than a civil case. In a criminal case, the defendant is the party who allegedly committed some crime or crimes. The plaintiff in a criminal case is not the actual party who was injured by the criminal act, but rather the state or the nation who represents the people. The plaintiff is the government prosecutor and his/her team, who files formal criminal charges against the defendant and prosecutes that defendant for the crimes in question. The plaintiff has the burden of proof in a criminal case and must show beyond a reasonable doubt that the defendant had the criminal mind state and committed the criminal act in question. The defendant in a criminal case is presumed innocent until proven guilty beyond a reasonable doubt.

The defendant in a criminal case has a number of rights guaranteed to them by the constitution and other legal statutes. The Fourth Amendment of the United States constitution states that all citizens shall be protected against unreasonable search and seizure. In many cases, the police must obtain a warrant in order to search and arrest a person for a crime. If police violate a suspect's constitutional rights during a search for evidence or contraband, it may be inadmissible as evidence in a criminal trial.

The Fifth and Sixth Amendments of the constitution provide a number of rights to the defendant in a criminal case. The defendant has the right to remain silent upon arrest and throughout the criminal proceedings, as the constitution states that no defendant "shall be compelled in any criminal case to be a witness against himself." The defendant also has the right to a speedy and public trial by an impartial jury of peers. The defendant has the right to be informed of the nature and cause of the accusation made against him/her. The defendant also has the right to confront the witnesses against them and to obtain witnesses in their favor.

Another very important right guaranteed to a defendant is the right to adequate legal representation during the criminal case. The defendant has the right to choose his own legal counsel, but if he is not able to afford legal services the court must provide "the assistance of counsel for his defense." An attorney is helpful to a defendant in a myriad of crucial ways.

If you or a loved on is a defendant in a criminal case you need the best legal representation possible to build a strong and favorable case. To learn more about the legal rights and options of a defendant in a criminal case, please contact us to speak with a qualified and experienced attorney in your area.

Home :: Contact a Criminal Lawyer :: Advertise