The criminal prosecution is continuing but I have entered a not guilty plea
Our client's claim is based in civil law and is entirely separate from any police action or criminal proceeding. If the prosecution is ongoing through the criminal courts, we need you to provide the date of the next hearing or trial. We will then be able to put the case on hold until after the outcome of the criminal proceedings. If we do not hear from you, we will be unable to put the case on hold and will have no option but to continue with the civil matter.
Please note, this claim is entirely separate from any criminal proceedings which may be ongoing.
This is a civil claim for compensation by way of damages to cover the costs incurred by our client as a direct result of your action.
Irrespective of whether you are convicted, our client has the right to pursue a civil claim damages. If you are convicted, that conviction will be admissible in evidence in the civil proceedings.
If you are fined and ordered to pay costs upon a criminal conviction, this has no bearing on your liability to compensate our client for its losses. If you are ordered to pay compensation in the criminal court, and you can demonstrate that such compensation has been paid, that sum would be discounted from our client’s claim for damages.
The burden of proof in the criminal proceedings is beyond reasonable doubt. The burden of proof in a civil claim is on the balance of probability. Even if you are acquitted in the criminal court, judgment may still be entered in the County/Sheriff Court against you for damages, costs and interest.