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LaMarca Law Group, P.C. > Articles > What is the Standard of Guilt in Civil Cases? One of the most important underlying premises of any civil or criminal case is the level of proof that must be presented for the plaintiff or prosecution to prevail. This is sometimes referred to as the standard of guilt. In a criminal case, the defendant must be shown to be so certainly guilty that a reasonable person would not doubt the prosecutionâs case. In a civil case, however, the plaintiff is only required to present evidence and arguments which suggest that it is more likely than not that the assertions made are true.
The court's decision of either adjudicating you guilty or withholding the adjudication of guilt will determine if you are convicted. If the court adjudicates you guilty you have been convicted of the offense. If the court withholds the adjudication of guilt the court has not convicted you. Florida law has this alternative to sentencing that allows a person to escape the penalty of a conviction for many reasons too expansive to list here.