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What type of case do I have?
It is important to understand your case type because it determines how your case proceeds in the courts. There are 3 different case types: civil, criminal and juvenile.
Civil Cases
These types of cases involve a disagreement between 2 (or more) parties. In a civil case:
- The plaintiff brings a lawsuit against the defendant.
- There can be multiple plaintiffs and multiple defendants.
- Often, if the plaintiff wins the lawsuit, the defendant must pay money to the plaintiff.
NOTE: Family law cases are included in the category of civil cases.
Criminal Cases
These types of cases involve the violation of a criminal law. In a Maryland criminal case:
- The case starts with a written statement accusing a defendant of breaking the law.
- A private citizen (or a law enforcement officer) may ask a District Court Commissioner to file a statement of charges to start a criminal case against a defendant.
- The person asking for the statement of charges must provide a sworn affidavit, and the Commissioner must determine whether the affidavit shows probable cause that the defendant committed the offense.
- Note: Even if a statement of charges is filed, the State of Maryland may choose to not prosecute the charges.
- The State of Maryland is the party that prosecutes criminal charges in court.
- A defendant who is found guilty will be punished by the State, often with fines or incarceration.
- Often, criminal cases involve victims who have been harmed by a crime. Victims and defendants both have important rights. For example, defendants have a right to counsel, and victims generally have a right to seek restitution for their losses. Learn more about victim's rights.
- Learn more about criminal law.
NOTE: Traffic cases are included in the category of criminal cases.
Juvenile Cases
These types of cases involve children. Juvenile cases include:
- Cases include cases where a child is accused of breaking a law
- Cases of child abuse.
- Learn more about youth law.
As civil case types are most frequently handled in state courts by self-represented parties, the rest of this article will focus on civil cases.
How do I evaluate my civil case?
A legal claim is not the same as a moral claim. Being treated unfairly does not always mean you have a legal case. The law provides remedies for many wrongs, but not all. Sometimes, you may have been treated unfairly, yet the law offers no recourse.
Consider Alternatives to Court
Court cases take time, cost money, and cause stress. Before filing, try resolving your dispute outside of court.
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Talk with the other party.
Present the facts clearly and calmly. If possible, meet in a neutral location or discuss the issue by phone. If you reach an agreement, put it in writing, sign it, and have the other person sign it as well. Your local law library may have sample agreements you can use to help you get started.
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Write a demand letter.
Explain what you expect the other party to do and give them a reasonable deadline. You can state that you may take legal action if the issue is not resolved. Always remain respectful, even if you are upset. Keep a copy of the letter for your records and send it to the other party by certified mail. Your local law library may have sample demand letters you can use to get started. Learn more about demand letters.
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Try mediation.
Mediation is an alternative to court that allows both sides to work with a neutral third party to reach an agreement. In certain cases, courts require mediation before going to trial. Mediation can be especially useful when the other party is a relative, neighbor, or someone you will continue to deal with. It is often less costly and less disruptive Learn more about mediation.
If these strategies do not resolve your dispute, you may need to file a court case. Before doing so, ask yourself:
- Can I realistically win my case?
- If I win, will the time, effort, and cost be worth the amount I could recover?
Weigh the Costs
Before you file, consider:
- How much you might actually recover if you win.
- Whether you can be made “whole” again through damages (money) or other remedies.
- Additional factors such as interest, court costs, and attorney’s fees.
- Whether the other party can pay. Even if you win, you may face challenges collecting money from someone who has filed for bankruptcy or refuses to pay.
How to have a chance to win your case
If you decide to file a case, make sure you:
File on Time
The court has rules about how much time you have to file a case after a dispute occurs. These deadlines are called statutes of limitations. Many factors affect how the date you need to file is calculated. In many cases, the limit is three years, but it varies based on the type of case. In general, you should file as soon as possible after the dispute. Learn about statutes of limitations.
Are Ready to Prove Your Case
When you file a case, you are the plaintiff. The other party is the defendant. As plaintiff, you have the burden of proof to show why the court should rule in your favor. To do so, you must present evidence to meet the legal standard known as the preponderance of the evidence. By presenting evidence that meets this standard you show the court that you are more likely right than wrong.
To meet this burden:
- Collect and present evidence such as contracts, invoices, letters, or reports.
- Understand and follow the rules about what evidence the court will accept.
- Do not expect the judge to make your case for you. You must present the facts and legal arguments yourself.
- Research the laws and court rules that apply to your type of case. Failing to understand or apply them correctly could cause you to lose—even if you have a strong case.
Know the Legal Requirements for Your Case
Different types of cases require different proof:
- Contract disputes: You should have copy of the contract signed by both parties.
- Negligence cases: You must show that the other party had a duty to care for you, that the party failed in that duty and, as a result you were injured.
When you file, you must clearly state, and later prove, the legal elements required for your case.
Should I Represent Myself? from the Maryland Courts
Should I hire an attorney?
Decide whether to handle your case yourself or hire an attorney. An attorney has specialized training and is obligated to act in your best interest. It is usually best to work with an attorney, if possible.
- Find information on hiring an attorney in Tips on Hiring a Private Attorney.
- If you cannot afford an attorney, you may be eligible for free or low-cost legal services. See the Legal Services Directory for more information.
- Courts also offer self-help centers and resources for people who represent themselves.
You can also work with an attorney under a limited scope representation agreement. Under a limited scope agreement, you and your attorney agree that the attorney will provide some, but not all, of the work involved in your case. This can benefit you because an attorney can help with parts of your case that are too difficult or complicated for you to handle on your own. This may be a good option if you do not have enough money to hire an attorney to handle your entire case. Learn more about limited scope representation.
Hiring and Working with Your Lawyer from the Maryland Courts