Criminal Charges Definition
- A criminal charge is the written complaint of the state accusing a person of a crime. It results in the state prosecuting the defendant.
- With criminal law, the federal or state government is the plaintiff, and the person accused of a crime is the defendant. The offense, even when committed against another individual, is against the government. Those convicted may have to pay a fine or go to jail. The government is not a party in a civil lawsuit, and the individual is not criminally charged. In civil court, the person"wronged" is called the plaintiff and is the one who files the law suit. The party defending against the lawsuit is the defendant. If the defendant loses, he may have to pay damages to the plaintiff, but he will not go to jail.
- For the government to bring criminal charges against someone, it must show probable cause. Probable cause is defined as a "reasonable belief" that a person has committed a crime.