Defendant





In United States law, a defendant is any person who is required to answer
the complaint of a plaintiff in a civil suit or any person who has been
named in a criminal information or criminal complaint and stands accused of
violating a criminal statute. A defendant in a civil action usually makes
his or her first court appearance, voluntarily, in response to a summons
whereas a defendant in a criminal case is usually taken into custody by a
peace officer and brought before a court, pursuant to an arrest warrant. The
actions of a defendant, and their counsel, is known as the defence.

Historically, a defendant in a civil action could also be taken into custody
pursuant to a writ of capias ad respondendum and forced to post bail before
being released from custody. However, a modern day defendant in a civil
action is usually able to avoid most (if not all) court appearances if he or
she is represented by a lawyer whereas a defendant in a criminal case
(particularly a felony) is usually obliged to post bail before being
released from custody and must be present at every stage thereafter of the
proceedings against him or her.