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Civil Infraction: What It Means and Its Legal Implications
Definition & Meaning
A civil infraction is a violation of a law, ordinance, or regulation that is not considered a criminal offense. These infractions typically result in a fine or fee rather than jail time. The classification of civil infractions can vary by jurisdiction, meaning that the specific rules and penalties may differ depending on where the infraction occurs. It is important to note that failing to pay a civil infraction citation can lead to more severe consequences, including increased fines or other legal actions.
Table of content
Legal Use & context
Civil infractions are commonly encountered in various legal contexts, including traffic violations, building code violations, and local ordinances. Unlike criminal cases, civil infractions do not require a jury trial and generally do not carry the possibility of jail time. Individuals facing civil infractions can often manage their cases using legal templates and forms, such as those provided by US Legal Forms, which are designed to assist users in navigating the legal process effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
1. A driver receives a citation for speeding in a residential area. This is a civil infraction, and the driver must pay a fine.
2. A homeowner is cited for failing to maintain their property according to local codes, resulting in a civil infraction and a monetary penalty. (hypothetical example)
State-by-state differences
State
Example of Civil Infraction
Typical Penalty
California
Traffic violations
Fines ranging from $35 to $500
New York
Building code violations
Fines up to $1,000
Texas
Noise ordinance violations
Fines starting at $100
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Civil infraction
A non-criminal violation of a law or ordinance.
Does not involve jail time or a jury trial.
Criminal offense
A violation of law that can lead to imprisonment.
May involve jail time and a jury trial.
Civil lawsuit
A legal dispute between parties seeking damages or enforcement of rights.
Involves a plaintiff and defendant, often with higher stakes.
Common misunderstandings
What to do if this term applies to you
If you receive a citation for a civil infraction, it is essential to take the following steps:
Review the citation carefully for details on the violation and penalties.
Consider paying the fine promptly to avoid additional penalties.
If you believe the citation is unjust, you may have the option to contest it in court.
Explore US Legal Forms for templates and resources that can help you manage the situation effectively.
If the matter is complex, consulting a legal professional may be advisable.
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