....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 08:41:29 · 3 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 08:46:44 · update #1
Well just reading what you wrote i would say that he plea bargained his way out of this one by agreeing to serve the rest of his original sentence (was it for DUI as well?) If the case files say not guilty and dismissed with leave to refile it means that he was judged NOT GUILTY by a judge and the charges were dismissed (could be on grounds of not enough evidence but the judge probably had a reason for it ...that is why I think Plea Bargain). It means that, unless the district attorney's office refiles the case against him, he will go free when he gets out of prison.
It could be time for your boyfriend's family to decided about filing a civil lawsuit. His guilt or non-guilt in criminal court does not matter to a civil lawsuit (just look at the OJ Simpson case). It is a totally different set of rules and laws and the family has every right to sue for monetary reasons. I know this won't keep this jerk off the streets and won't keep him from killing another person while he is drunk (drunk drivers recommit more often than most other criminals do because their crimes are not handled seriously by most agencies and the punishment is often not carried tot he full extent. It it were, we would not have people getting their 4th, 5th, and 6th DUI's committing the crime of vehicular homicide. It is one area of trafic law that MUST be made stronger and more severe!
To sum up, he will get off scott free unless the DA refiles the case upon his release (ie. the Sheriff is waiting outside the jail to arrest him on this charge). While he is in jail, i do not think the stutory limitations are in effect. When he steps outside the jail, the sheriff or police can arrest him for this crime and the DA can file new charges for it. While he is IN JAIL the family can file a wrongful death suit in civil courts.
2006-10-03 08:59:03 · answer #1 · answered by ThinkingMan2006 4 · 0⤊ 0⤋
It states that he is not guilty on that crime and there is leave to refile. Your boyfriend needs to obtain and attorney. I'm sorry but that sounds like he was driving drunk with intent to kill. There is no reason for anyone to get behind the wheel drunk, and if they kill someone that should be considered intent to kill. You need to talk to an attorney and try to push hard for this. No one should get off for killing someone, especially if they were drunk. He can't say he didn't know any better. I'm so sorry for your loss and wish you the best. I pray the judge will give him atleast 25-life. Good luck and GOD bless.
2006-10-03 08:51:54 · answer #2 · answered by cookie 6 · 0⤊ 0⤋
look ahead to the superb guy, Hun! in simple terms because of the fact your persons are having intercourse it would not recommend you will desire to be! once you come across the superb guy he will settle for you as you're, virginity and all :) he will in all likelihood even sense particular considering the fact which you gave him your virginity! additionally, in case you supply it to easily absolutely everyone interior the top... you will desire to hate your self extra. i understand the way you sense approximately your self, for the longest time I hated each and everything approximately myself. once you come across the superb guy you will understand, because of the fact being around him will make you chuffed and you will commence noticing issues approximately your self which you like considering the fact which you would be with somebody that likes each and everything approximately you :) look ahead to the superb guy, Hun! it rather is staggering because of the fact once you come across that one particular individual and supply them your virginity... whether he isn't a virgin, you will share a sort of bond and the relationship will sense extra particular :) have confidence me, I went by this already! (At a youthful age, even nonetheless it rather is an identical common subject otherwise, lol.) solid success! :)
2016-10-15 11:44:33 · answer #3 · answered by lurette 4 · 0⤊ 0⤋