Defending You

Criminal Cases vs. Civil Law

Just as civil actions are "not criminal actions," criminal actions are those that are "not civil actions." In a criminal case, the government is the party accusing the defendant with a violation of a statute or other law. To this end the government, with a seemingly endless supply of money, is supplying the attorneys and resources in the prosecution of the defendant.

In a criminal action, the person accused of a crime may be facing jail, prison or significant fines, whether or not a victim is working with the authorities. Despite what you might see on television, since the government is bringing the lawsuit against the accused defendant, the government gets to decide how the case proceeds - not the victim of the crime.

Two things to remember in any criminal proceeding-the burden of proving guilt lies with the government (the defendant does not have to prove their innocence). In criminal cases, the purpose of the trial is just as much to prove the defendant innocent as to prove them guilty. Another factor to consider is all the talk about no double jeopardy - this is not always the case. When an act violates both state and federal statutes, the defendant can be charged, tried and convicted in both state and federal courts. The person subjected to a criminal case may also be subjected to a civil lawsuit by the victim or their family.

Having an attorney on your side from the earliest moments of a criminal case, such as the arrest and preliminary trial process, is important to ultimate success. Tull & Marshall, An Association of Attorneys does not make value judgments relative to an individual who has been charged with a criminal offense.

We believe that every person accused of a crime deserves the assistance of a competent attorney and the benefit of a well-planned defense regardless of their guilt or innocence. We stand ready to assist you and only ask that you involve us as early in the process as possible. Make your first phone call to us at 615.530.5719, day or night. We will make additional calls to your family and friends but call us first so we can start working to protect your rights immediately.

Notice to Immigrants

Immigrants: Never plead guilty to a criminal charge without consulting an attorney. Doing so will have serious consequences on your immigration status. Call our office at 615.530.5719 for an evaluation of your case if you have been charged with any crime.

Inmigrantes: Nunca se declare culpable de un cargo criminal sin consultar a un abogado. Si esto sucede, tendrá consecuencias graves sobre su estatus migratorio. Llame a nuestra oficina al 615.530.5719 para una evaluación de su caso si usted ha sido acusado de algún delito.

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