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The criminal case and your rights
The State prosecutes the DUI. You still have a voice.
Two separate cases
| Criminal DUI case | Your injury claim | |
|---|---|---|
| Brought by | The prosecutor | You, through your lawyer |
| Goal | Punishment | Compensation (and possibly punitive damages) |
| Proof | Beyond a reasonable doubt | More likely than not |
Your rights as a victim
Georgia gives crime victims rights in the criminal process, including notice of key hearings and the chance to be heard at certain stages. The prosecutor’s victim advocate can help.
Restitution
A criminal court can order the defendant to pay restitution for certain losses. It’s usually limited, and it doesn’t replace a full civil claim.
Be careful what you say
Statements you give in the criminal case can come up in your civil case. Talk to us before giving formal statements beyond the police report.
Hit by a drunk or impaired driver?
Free case review with Talal Perez Ghosheh. English or Spanish.