It is important that Missouri crime victims understand that their roles are different in criminal and civil cases.
Criminal cases are filed by the prosecuting attorney on behalf of the State of Missouri. The victim is most often a primary witness for the prosecution, but they are not considered a true party to the case. The prosecuting attorney is required to keep the victim advised about the status of the case, and quite often seeks the victim’s input. However, the ultimate decision making authority about the direction of the criminal case rests with the prosecuting attorney.
On the other hand, a victim is an actual party in a civil case. They are responsible for hiring the lawyer and initiating the civil action. Further, in a civil action, the victim makes the specific decisions regarding the direction of the case, with the advice of their lawyer. The decisions to be made by the victim might include: 1) whether or not to file a lawsuit, 2) who to file a lawsuit against, and 3) whether the case should be settled or a trial should be held.
