Who Is the Plaintiff in a Criminal Case? (Hint: It's the Government, Not the Victim)

Last reviewed: October 17, 2026. This article is general information, not legal advice. Victims' rights and court procedures differ by state; check your state's law or ask a victim advocate or lawyer.

"Plaintiff" is a civil-law word, so it's natural to wonder who plays that role when someone is charged with a crime. If you're a victim, a witness or a defendant, knowing who is actually on each side explains a lot about how the case will run.

Short answer: who is the plaintiff in a criminal case? Technically, there isn't one. A criminal case is brought by the government (the federal government, a state, or sometimes a city or county), represented by a prosecutor. The person accused is the defendant. The victim is not a party: they are usually a witness with specific rights, and they can sue separately in civil court, where they would be the plaintiff.

Who's who in a criminal case

• The government (the prosecution). Plays the role a plaintiff plays in a civil case: it brings the charges and must prove them. In federal court it's the United States, represented by a U.S. Attorney's office. In state court it's the state, represented by a district attorney, state's attorney or similar office. That's why cases are named United States v. Smith, State v. Smith or People v. Smith.
• The defendant. The person or company accused of the crime.
• The victim. The person harmed. Not a party, but often a key witness, with rights under federal and state law.
• The judge (and sometimes a jury). Decides the legal questions and, at trial, whether the government proved its case.

Why the government, not the victim, brings the case

A crime is treated as an offense against the public, not just against one person. So the government decides whether to charge, what to charge, whether to offer a plea deal, and whether to dismiss. Federal guidance says a prosecutor should bring charges only if they believe "the admissible evidence will probably be sufficient to obtain and sustain a conviction" (Justice Manual 9-27.220).

This is why a victim can't "press" or "drop" charges in the legal sense. A victim's wishes often matter to the prosecutor, but they don't control the decision. For more on what happens when the prosecution ends a case, see how to get charges dropped before a court date.

What rights victims do have

Even though they aren't the plaintiff, victims aren't sidelined. In federal cases, the Crime Victims' Rights Act (18 U.S.C. § 3771) gives victims rights including:

• the right to be "reasonably protected from the accused";
• notice of public court proceedings and of the accused's release or escape;
• the right "to be reasonably heard" at public proceedings involving release, plea or sentencing;
• the "reasonable right to confer with the attorney for the Government";
• "full and timely restitution as provided in law"; and
• the right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.

The same law makes clear that nothing in it shall be construed to "impair the prosecutorial discretion of the Attorney General." Most states have their own victims' rights laws or constitutional provisions, so ask the prosecutor's victim-witness office what applies to you.

Criminal vs civil: where the victim becomes a plaintiff

A victim can usually bring a separate civil lawsuit against the person who harmed them. In that case the victim is the plaintiff. As the federal courts explain, a civil plaintiff files a complaint that "describes the plaintiff's damages or injury, explains how the defendant caused the harm" and asks for relief (uscourts.gov).

Key differences:

• Who brings it: criminal, the government; civil, the injured person.
• Burden of proof: criminal requires proof beyond a reasonable doubt (see burden of proof in a criminal case); civil cases usually use the lower "preponderance of the evidence" standard.
• Outcome: criminal cases can lead to prison, fines or probation; civil cases lead to money damages or court orders.
• Deadlines: civil claims have their own statutes of limitations, which may run regardless of what happens in the criminal case.

If you're thinking about a civil claim, our guide to what a plaintiff must establish in a negligence case is a good starting point, and a lawyer can tell you which deadline applies.

Sources

• U.S. Courts, "Criminal Cases": uscourts.gov
• U.S. Courts, "Civil Cases": uscourts.gov
• Linda R.S. v. Richard D., 410 U.S. 614 (1973): Cornell LII
• Crime Victims' Rights Act, 18 U.S.C. § 3771: Cornell LII
• U.S. Department of Justice, Justice Manual 9-27.000: justice.gov