Legal matters, whether civil, criminal or family, can be complex and detailed even when trying to understand it in the news or situations involving those close to us. The Saratoga Sun sat down with attorney Jonathan Schnal to determine some basics of the legal system.
If John Doe was arrested and taken into custody for a misdemeanor, Schnal explained that he would be arraigned, or called before court on criminal charges, within 24 hours. The next typical step is bail, which is essentially an insurance that Doe would show up at trial. From here, based on the charges the district attorney’s office would choose a direction. One potential direction involves a plea agreement, which means that a guilty verdict would be entered in exchange for lesser charges.
“We’ve all heard on TV at the trial, you’re perceived innocent until proven guilty,” Schnal said. “Which means the state has the burden of proof.” This proof, when successful, is called prima facie, which means that the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial. Crimes are listed by statute and each statute must be proven in order for the proof to be valid. “If you’re able to disprove one or more of those elements the state proved, then the state can’t make its case,” said Schnal.
The actual criminal court system comes down to circuit court or district court, which is determined by something called jurisdiction, “where a court has power over individuals or property.” Basically, circuit court has been given a certain amount of power and reach by the legislature that determines which cases they take on. “The district court is commonly referred to as ‘big boy court,’ and circuit court is ‘little boy court,’” Schnal said. Circuit court is designed for smaller cases in order to save time for both the court and the participants. Municipal court, on the other hand, is usually related to town ordinances.
“There’s a whole different set of rules involved,” Schnal said regarding the difference between criminal and civil courts. “A criminal matter is considered violation of state statues, or what’s considered a person’s offense against society.”
Civil court, Schnal’s area of expertise, deals with any matter that is not criminal or related to divorce and custody matters. Family matters are taken up in family court. Civil matters also go to either district or circuit court based on jurisdiction. Some crimes are both civil and criminal in nature, like assault, for which the actual crime is tried as well as possibly restitution, which can be taken up in civil court.
“You would have two different actions,” Schnal said. If it were a felony, the crime would be taken up in district court. The controversy surrounding the civil matter would determine whether it was a circuit or district matter; a $50,000 restitution, for example, would end up at district court. Usually matters of land use will be taken up at district court as a civil matter.
However, the most important thing to keep in mind is that every case is different in a vast and complex legal system, Schnal said. Each case should be addressed on an individual level and for legal advice, professional input is required.
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