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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.
A preliminary hearing in a felony case is conducted before a magistrate judge, at which time the prosecuting attorney presents what evidence he/she may have to show that there is probable cause (reason) to believe that a crime has been committed and that the defendant committed the crime.hat Happens in a Criminal Case. A criminal case is one in which an individual is accused of conduct that has potentially damaged society. There are two main types of criminal cases: misdemeanors and felonies.