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  • In a criminal trial, a defendant is any person accused of commiting an offence, an act defined as punishable under criminal law. The other party to a criminal trial is usually a public prosecutor. In a lawsuit, a defendant is also the accused party, although not of an offence, but of a civil wrong. The person who started the civil action through filing a complaint is referred to as the plaintiff. Defendants in civil actions usually make their first court appearance voluntarily in response to a summons. But criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Historically, civil defendants could be taken into custody under a writ of capias ad respondendum and be forced to post bail before being released. But modern-day civil defendants are usually able to avoid most court appearances if represented by a lawyer. Criminal defendants are usually obliged to post bail before being released from custody and must be present at every stage of the proceedings against them. Wikipedia

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