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CALawyer
CALawyer, Lawyer
Category: Criminal Law
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Experience:  Attorney at Law
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I am a 46 y.o. male who made a bad decision. I picked-up my

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I am a 46 y.o. male who made a bad decision. I picked-up my girlfriends 17 y.o. son from school. I made the mistake of letting him drive home and he got into an accident. He has no drivers lic. The reason for me letting him drive was because I had been up without sleep for about a week. I had lost my job and the bills where not getting paid. Well since then my girlfriend and I have broken up. Her son is scheduled for court on Nov. 14. Some background on her son. Last year he was caught in the school bathroom with a bag of pot. He told the school supervisor and law enforcement that he found it laying in the bathroom. He was charged. I feel that my ex. is going to try and blame fault on me for causing the accident. I wrote a false letter saying that I had been drinking and that was why I let him drive. I wrote this trying to help him and hoping to get her back. I wasn't drinking but now feel like I she is going to accuse me to save her son from charges. What can I do?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  CALawyer replied 5 years ago.
The best thing you can do right now is pay for a qualified criminal defense attorney in your area.

If you don't know any, then you can contact the Knoxville Bar Association's lawyer referral at http://www.knoxbar.org/lawyer_referral_service_pub.htm

A local lawyer will be familiar with the local prosecutors and can best advise you on what to do.

Simply writing a letter that is false isn't necessarily a crime if it is not under penalty of perjury. It could potentially be obstruction of justice if it was said to police or the district attorney.

Simply letting someone without a license isn't necessarily illegal either. However, it could be if you were crimiinally negligent and someone got hurt.

Another issue is the potential to be responsible for any damage arising from the accident. Your insurance probably wouldn't cover it and you would be responsible under a theory of negligent entrustment (ie. you shouldn't have let someone without a license drive). That could be a big deal in financial responsibility.


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Customer: replied 5 years ago.

Should I be concerned about being arrested or anything other then maybe having to pay for the repairs if insurance doesn't? I have not been summons to be in court on Nov. 14 as her son has been. I was not ticketed myself and gave no statements at this time to the police or district attorney. No one was hurt in the accident.

 

I would just like to know the worst case that I could potentially be charged with and made to do.

 

Thank you.

Expert:  CALawyer replied 5 years ago.
I doubt there would be any arrest for the accident. But there is a slight possibility. Realistically, I don't think it would be worth a DA pursuing it.

As far as the letter, I honestly don't see a district attorney pursuing that either.

With regard to the financial responsibility, I don't see you getting out of that.

If this information was helpful, please click ACCEPT to give me credit for answering. Bonuses and positive feedback are appreciated if deserved. If you need any clarification, just post a reply. Thanks!
Customer: replied 5 years ago.
Just one more question. Should I wait until I receive a summons from the court to appear before I go see an attorney? Also: is a criminal attorney the correct person for this type of case? Thank you again.
Expert:  CALawyer replied 5 years ago.
First, I wouldn't wait as far as the potential for criminal action. You can usually get a free initial consult which will give you enough info to make some plans.

As far as the civil liability, you could wait to see if perhaps your insurance pays (unlikely) or if the other person has uninsured/underinsured that pays and if they don't seek reimbursement against you.

If this information was helpful, please click ACCEPT to give me credit for answering. Bonuses and positive feedback are appreciated if deserved. If you need any clarification, just post a reply. Thanks!
CALawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1655
Experience: Attorney at Law
CALawyer and 4 other Criminal Law Specialists are ready to help you

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