A defendant is defined as a person charged with committing a crime either in a criminal trial or in a civil action against which some form of legal relief has been sought. The courts, in the course of determining a claim for compensation, are expected to award money to the defendant in relation to the loss they have suffered. This loss can include expenses incurred by the defendant, including lost wages, medical bills and others. It can also include loss of income due to a court order that has been made against the defendant.
The definition of a defendant is a person being sued or accused of a crime. An example of a defendant is someone accused of robbery, theft, a sex crime or fraud. In the United States, the law is written to protect the rights of the defendant. The defendant does not have to prove their case; that is the sole responsibility of the plaintiff. The plaintiff in most cases has the burden of proof; the plaintiff is expected to bring the case to court and must provide enough evidence to have the case heard and to allow it to proceed.
When is a Defendant a Defendant?
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.
When a Defendant Goes to Court
Every time a defendant goes to court and is required to appear before the court, they will be asked questions relating to their background. The court is only interested in how the defendant has behaved throughout their lifetime and any previous convictions that they may have had. It is very important that the answers to these questions are honest and truthful as if the court believes the defendant has committed a serious criminal offense they may decide to dismiss the case and end the investigation. In this situation the defendant could be left facing huge fines and costs that could have been avoided through the honest answers to their questions.
Understanding what is a defendant’s past is an important consideration when it comes to claiming for damages caused by a criminal offense. It is therefore important to seek legal advice from a competent personal injury lawyer to ensure that your case is well represented. This will allow you to make sure that you can fully prepare your case and obtain compensation that will meet your needs.