....sign on the main road through town, at first papers said he would get wreckless homicide and aggravated dui, and all this, but now the charges are only, accident resulting in death, which is only a class 4 felony and just a regular dui, he had just gotten out of prison 3 weeks before, and now is serving the rest of his sentenced parole, but all the charges on the court case file, says not guilty and dismissed with leave to refile, what does this mean? Does this mean that after he gets out of prison he will have to go to court on this or is this ****** gettin off scott free???
2006-10-03 08:34:23 · 8 answers · asked by Kit Kat 2 in Politics & Government ➔ Law Enforcement & Police
The sad thing is his brother got killed just 4 years ago by a drunk driver also! And after that his mom got into MADD and was a strong advocate for it.
2006-10-03 08:45:31 · update #1
ht butter, that would make sense, settling it out of court, her husband (bfs step dad) has not told us anything on life insurance, or suing the other party, maybe they did it out of court? I don't understand though, that would make the charges less?
2006-10-03 08:59:01 · update #2
The problem in cases like this is that it is up to the district attorney to prosecute, and sometimes they don't act tough enough. Find an advocate, whether MADD or a lawyer that would be willing to be pro bono, to look into this case, and see if the parties settled out of court. I think your boyfriend has a right to sue the person in civil court for neglience and pain and suffering if he thinks the state didn't do enough in criminal court. After having all the facts, I would definitely contact your Congressman or Senator or the state Reps. to make sure that drunk drivers have strict punishments. Write several letters. You never know where you will find an advocate, even the media would be good. (If you don't mind being a public face on an issue as important as this is.)
2006-10-03 08:52:58 · answer #1 · answered by ht_butterfly27 4 · 0⤊ 0⤋
Dismissed with leave to refile, would mean the charges were dropped, probably as a part of a plea bargain or parole deal, but the DA holds the right to refile charges, probably in the event of a repeat offense. It would mean that he would be getting out of jail, but probably will be on probation for an extended period of time. He may have to complete community service hours, go to classes, and/or pay a fine as a part of the deal.
I would have the family file a wrongful death lawsuit against the driver. This should never happen anytime, anywhere.
2006-10-03 10:03:11 · answer #2 · answered by msi_cord 7 · 0⤊ 0⤋
Someone needs to press the chief prosecutor of the county or state to file further charges against the guy, what ever it was he was charged with wasn't charges the evidence supported, thus the leave to refile. What it means is who ever filed the lesser charges either screwed something up in the paperwork or the judge didn't agree that the proper charges were filed for the case.
2006-10-03 08:45:42 · answer #3 · answered by Mark G 7 · 0⤊ 0⤋
Very sad country we live in but he just might get off on a basic DUI. I have known two situations personally where both DUI drives got 6 months in jail and that is it and in both situations they killed someone. I am very sorry for your bf loss.
2006-10-03 08:43:38 · answer #4 · answered by copswife93 4 · 0⤊ 0⤋
Sorry for your boyfriends loss. My prayers go out to you and his.
I am not expert, but it sounds confusing. Please reach out to the DA's office and get to the bottom of this. I am sure they can explain what is happening and what decisions were made. I always say....go to the source. Ask your boyfriend and his family to contact the DA if they want to find out what this means. The DA's office is there for people like your bf....
2006-10-03 08:51:25 · answer #5 · answered by mlcmonkey 2 · 0⤊ 0⤋
it means he might have to go to court before or after he gets our dpending on when and if they want to refile. make sure you guys stay on top of the DA, and if you dont get any where with it try contacting your local media see if they can help.
2006-10-03 08:44:31 · answer #6 · answered by Chris 2 · 0⤊ 0⤋
Contact MADD, moms against drunk drivers, they might be able to give you more info, fight this guy, dont let him get away that is sick!
2006-10-03 08:42:10 · answer #7 · answered by Star 4 · 0⤊ 0⤋
yeah lifes a ***** isnt it
2006-10-03 08:42:50 · answer #8 · answered by blake_footballstar 2 · 0⤊ 2⤋