Who is the defendant in a criminal case

A defendant in an arbitration case or a divorce case is called the "respondent. Law has two kinds of court cases which involve defendants:. The defendant does not have to prove their case; that is the responsibility of the plaintiff. The plaintiff in most cases has the burden of proof; the plaintiff brings the case to court and must provide enough evidence to have the case heard and to allow it to proceed.

The term "defendant" is used in both civil and criminal lawsuits. In an arbitration, the defendant is called a respondent, because they are responding to the claims of the claimant. An exception to the custom of having a defendant and a plaintiff for each court case is bankruptcy court. In this court, there is no plaintiff or defendant. The parties to the case are the debtor the person filing bankruptcy , the creditors the parties filing claims against the debtor , and the bankruptcy trustee.

If you are sued, you become a defendant. Other people work in the courtroom. The clerk of the court helps the judge, announces when the proceedings begin and end, and records the evidence exhibits. If an accused person or a witness is in custody, the Deputy Sheriff goes with them to court.

The Deputy Sheriff also helps to maintain order in the court. How helpful was this article? PLEA's Safety Planning Tool is designed to help people dealing with violent relationships by providing them with strategies to increase their safety.

By answering anonymous and confidential questions about their situation people can create a safety plan specific to their situation and their needs. PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization. Judicial Appointments. Finding a Lawyer. Choosing Small Claims. In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence.

The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. At an initial appearance, a judge who has reviewed arrest and post-arrest investigation reports, advises the defendant of the charges filed, considers whether the defendant should be held in jail until trial, and determines whether there is probable cause to believe that an offense has been committed and that the defendant has committed it.

Defendants who are unable to afford counsel are advised of their right to a court-appointed attorney. Defendants released into the community before trial may be subject to electronic monitoring or drug testing, and required to make periodic reports to a pretrial services officer to ensure appearance at trial. The defendant enters a plea to the charges brought by the U.

Attorney at a court hearing known as arraignment. Immigration Removal Proceedings and Criminal Law. Miranda Rights for Criminal Suspects. Right to Record Police Officers. Arrests and Arrest Warrants. Constitutional Rights in Criminal Proceedings. Discovery in Criminal Cases. Hearsay in Criminal Cases. Stages of a Criminal Case. Stages of a Criminal Trial. Limits on Searches and Seizures in Criminal Investigations. Alcohol Crimes. Parole and Probation. Expungement and Sealing of Criminal Records.

Offenses Included in Other Crimes. Derivative Responsibility for Crimes. Working with a Criminal Lawyer.