Criminal vs. Civil
The attorneys at Kearns Rotolo Law handle both civil matters and criminal matters. Anthony Kearns and Victor Rotolo are experienced trial attorneys prepared to provide you with legal counsel from the moment you are charged through trial, if necessary. Whether dealing with minor criminal offenses or more serious criminal charges, Messrs. Kearns, Rotolo and the other attorneys at Kearns Rotolo Law will provide the representation you need to protect your rights.
Anthony P. Kearns, III, Former Two-Term Hunterdon County Prosecutor
Anthony Kearns has experience working on both sides of the criminal justice systems and has garnered statewide recognition as a criminal defense attorney. He is the only Hunterdon County prosecutor to date to have been appointed to that position for two terms, giving him the distinction of being Hunterdon County’s longest serving prosecutor. This experience afforded Mr. Kearns unique insight into how the State prepares and prosecutes criminal cases, which he now uses to mount skilled and powerful defense of the charges against his clients.
Mr. Kearns was chosen for membership to the National Trial Lawyers Top 100 Trial Lawyers in 2024, an invitation-only professional organization composed of the premier trial lawyers from each state or region who meet precise qualifications as civil plaintiff and/or criminal defense trial lawyers.
Victor A. Rotolo, Trial Attorney with More Than Four Decades of Experience
Victor Rotolo, a former officer with the Elizabeth, NJ Police Department, has 40-plus years’ experience as a practicing trial attorney in the State of New Jersey. During this time, he has represented thousands of clients in all stages of litigation throughout the courts of New Jersey and has successfully argued cases before the New Jersey Supreme Court as well.
New Jersey Super Lawyers List
Anthony P. Kearns and Victor A. Rotolo have been included on the List of New Jersey Super Lawyers for 2025. Mr. Rotolo has been included on this list since 2006 marking this his twentieth consecutive year of inclusion. This is Mr. Kearns second year of selection. The list of New Jersey Super Lawyers is generated by the Thomson Reuters organization which employs the following methodology and set of standards to compile the list each year. Super Lawyers Selection Methodology [No aspect of this advertisement has been approved by the Supreme Court.]
Martindale-Hubbell Rating
Both Anthony P. Kearns and Victor A. Rotolo have achieved the highest rating of “AV” by Martindale-Hubbell, the oldest nationally recognized legal reference company in the country. Martindale-Hubbell employs the following methodology and set standards to determine ratings. Martindale-Hubbell Peer Review Ratings Methodology. [No aspect of the advertisement has been approved by the Supreme Court.]
Certified Civil Trial Attorney
Victor A. Rotolo is certified by the Supreme Court of New Jersey as a Civil Trial Attorney.
“A certified attorney is more than just an attorney who specializes in a particular area of law. A New Jersey attorney who is certified by the Supreme Court as a civil trial attorney must have:
- been a member in good standing of the New Jersey bar for over 5 years
- demonstrated a substantial level of experience in civil trial law
- been favorably evaluated by other attorneys and judges familiar with his or her work
- taken and passed a written examination in civil trial law.”
Source: Supreme Court of New Jersey, Board on Attorney Certification, Brochure on Certified Civil Trial Attorney. See Rule 1:39: Specialty Certification of Attorneys.
Civil versus Criminal – Understanding the Differences
While we deal with these different types of cases on a daily basis, we realize that quite often our clients may not understand the differences between a civil matter versus a criminal matter. Below we provide a brief explanation of some of the key differences between a civil and criminal matter which may be useful. If, after reading the information you have questions, please do not hesitate to contact our law office to speak with one of our attorneys.
A harmful act committed against our society is referred to as a crime and falls under the jurisdiction of the Criminal Justice System. Criminal offenses are accusations of a crime against our society in general and as a whole. In contrast, civil cases mainly involve disputes between people or entities (i.e., a corporation).
There are other key differences between a criminal and civil case. Some key differences noted are as follows:
| Civil | Criminal |
| Commencement: A civil case begins with a claim by a plaintiff (a person or entity such as a corporation or the government) against a defendant (the person failing to carry out a legal duty owed to the plaintiff). | Commencement: A criminal case begins when the harmful act is committed. A victim of a criminal act is not responsible for initiating a case against the accused. The government, either federal or state, will prosecute an accused criminal. |
| Parties: There is a plaintiff(s) and defendant(s) which are also referred to as ‘parties’ or ‘litigants.’ | Parties: The government prosecutes the case through the United States Attorney’s Office (federal crimes) or the New Jersey’s attorney’s office (state crimes). |
| Outcome: Courts order the defendant to fulfill a duty or to make compensation for harm done or possibly both. | Outcome: A person that is found guilty of committing a crime receives a sentence, and the sentence may be in the form of a monetary fine or restitution to the victim ordered by the courts, and/or loss of liberty or supervision. |
| Purpose: The purpose of civilian law is to make sure that rights under the Constitution or under Federal or State Law are protected. | Purpose: The purposes of criminal law are to protect and to serve. to express public morality (when the public decides the law by what is right or wrong depending on the community) to teach sociable boundaries (when the criminal is punished to be taught a lesson) |
| Attorneys Fees: Each party pays directly for his/her attorney fees although sometimes the payment of legal fees is included in the Court’s ruling | Attorneys Fees: Our Federal and State taxes pay for the prosecuting attorney’s salary (and the entire office); most times the accused pays for his/her legal fees, however, a court-appointed attorney is used when the accused cannot pay legal fees |
| Examples: contract disputes between parties, sexual harassment suits, accidents. | Examples: murder, assault, rape, sexual abuse, theft, robbery, burglary, fraud. |
If you or a loved one is accused of committing a crime, call the experienced attorneys at Kearns Rotolo Law. Messrs. Kearns and Rotolo and their team work to defend you regarding the criminal charges you may be facing.
Call Kearns Rotolo Law today – (908) 534-7900.
Victor Rotolo successfully argues before the NJ Supreme Court in a case of constitutional import, in which the Court ruled that a DUI conviction cannot be used in any later DUI case for sentencing purposes if, (1) the individual plead or was found guilty, and (2) the individual was not advised of his/her right to counsel and, as to indigent individuals, the right to assigned counsel.