Case Types That Don’t Get Enough Attention: Quasi-Criminal

In the court system, cases can either be civil or criminal. However, there are scenarios where a civil case can be treated as a criminal offense. We refer to these cases as quasi-criminal. 

What do these case types entail? Read this guide, where we explain more about quasi-criminal proceedings, what makes them unique, and the most common types.
 

What are Quasi-Criminal Cases?

Quasi is a Latin word meaning “as if” or “alike.”[1] Essentially, these are cases which are not completely criminal in nature but with legal consequences similar to a criminal cases. Quasi-criminal cases are unique because they fall between civil and criminal law. 

Generally, quasi-criminal cases are considered civil, but certain violations add criminal penalties such as court fines or imprisonment. Legal professionals handling quasi-criminal cases must have a deep understanding of the intersectionality between civil and criminal law. 

Here are the most common quasi-criminal cases in the section below. 

1. HROs/OFPs 

Harassment restraining orders (HROs) and orders for protection (OFPs) protect an individual from harassment or abuse. HROs are filed for repeated patterns of behavior that can involve:

• Stalking

• Unwanted intrusive acts

• Sharing unconsented private content

OFPs are filed to protect an individual from a family or household member committing a form of domestic abuse that may include:

• Acts of abuse and/or bodily harm

• Acts of sexual conduct

• Inflicting fear of abuse and/or bodily harm

• Interference with emergency calls

While OFPs and HROs are civil restraining orders, violating them can result in criminal penalties, making them quasi-criminal cases. Criminal penalties for first-time offenses are usually misdemeanors for violating an HRO or OFP and can get more serious the more times an individual re-offends.

When representing defendants in these matters, it’s important to be transparent about the conditions of the court for protection orders so they do not encounter more serious criminal penalties. Knowing the differences between protection orders, court conditions and criminal sanctions can help keep clients away from a vicious cycle of recidivism.

2. Traffic Violations 

Traffic violations can be quasi-criminal, depending on the offense. Minor infractions such as speeding or running a stop light are civil violations. However, traffic offenses involving driving under the influence or driving with a suspended license can result in criminal penalties.

Repeatedly committing a traffic offense can also be considered quasi-criminal in nature. A common example is driving without a license which may result in a suspended, revoked, or cancelled driver’s license charge depending on the jurisdiction. In addition, habitual traffic offenders can be charged with higher-level offenses such as gross misdemeanor or felony. 

It’s crucial to understand the intersectionality of criminal and traffic law to inform the client of the implications of their case. In some jurisdictions, traffic violations may have alternative remedies such as hearing officers or other administrative authorities that can work with traffic cases. Knowing all the client’s options can develop the best plan of action for how to resolve the case.

3. Civil Forfeitures 

Civil forfeiture cases allow law enforcement agencies to seize property believed to be involved in illegal activities. These cases are usually against the property seized and not the owner of the property. The owner must prove that the property wasn’t obtained or engaged in illegal activity.

Civil forfeiture is unique because it does not require a criminal conviction, however, the standard for the government still involves proving probable cause. If working on a civil forfeiture case, it’s imperative to become familiar with the different standards that police, prosecution, and courts need to abide by to successfully assist in a case. It is also beneficial to be well-versed in constitutional protections involving the Fourth, Fifth, and Eighth Amendments.
 

4. Contempt of Court 

Contempt refers to disobeying, disrespecting, or interfering with the court process. Contempt of court can either be civil, which either restores the right of the wronged party or moves along court proceedings despite the interference. Conversely, contempt of court can be criminal when the court imposes specific penalties such as jail time or court fines.
 

5. Administrative Penalties

Administrative penalties break rules and guidelines set by administrative agencies. These agencies include business, education, environmental, and legal regulations. 

Administrative penalties are usually a civil matter, due to simply paying a fine to the applicable agency for violating a regulation.

However, if an individual violates a regulation and that violation is also considered a criminal offense by state law, the matter would be considered criminal. Violating these regulations can lead to legal troubles that may attract criminal penalties. 

Administrative agencies are a separate authority outside of the court system. Knowing the different processes and procedures of administrative agencies in addition to court procedures can help with the best way to navigate the penalty.

Conclusion 

Quasi-criminal cases are tricky. They usually require research, strong persuasive writing skills, and knowledge in more than one area of law. Processes and procedures might not be as clear when working with agencies outside of the courts. The standards for quasi-criminal cases differ from traditional criminal cases. 

Investing in an experienced and resourceful paralegal can ensure proper due diligence is conducted, enhance the client experience, and allow the attorney more focus on substantive tasks.

 [1] https://www.law.cornell.edu/wex/quas 

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