How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17148
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
19127644
Type Your Criminal Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

Someone knowingly causes a wreck. Someone else is injured badly

Customer Question

Someone knowingly causes a wreck. Someone else is injured badly because of the wreck and is left lying on the highway but the person that caused the wreck leaves the scene, goes to that persons home (home of the man lying in the highway) and doesn't tell me what's happened for 10 minutes, THEN starts making comments that lead me to know something is wrong. I go a little over a mile from home looking for the possibly injured person (the one that did the hit and run rode with me and even told me where to go). Once at the scene, EMS had intubated the injuried person. The one that caused the wreck picks the motorcycle up and moves it completely off the highway and then leaves the scene a second time only to have the State Highway Patrol to call a family member to bring him back to the scene and was charged with Felony Hit/Run Injury, Open Container-Driving after consuming alcohol, and Speed Competition. Why wouldn't felony charge change upward due to death & why not 2 Felony Hit and Runs? Serious problems with the DA in that county not handling cases properly. What can I do, as I am the girlfriend of the deceased and was the one that the person came to after causing the wreck and I had to go find the man I love lying there and he died almost 2 hours later in surgery. I live in another county but I also gave evidence (pictures Tim and I took of his motorcycles the day before that we had washed and waxed that showed his bike didn't have any damage before the wreck).
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 4 years ago.
Hello,

Without being privy to all the facts and circumstances of the case and the evidence in the possession of the state prosecutor there is no way I can guess why the charges were severed and why, if the injured person died, it is not being charged as manslaughter or involuntary manslaughter. This is a situation where, if you are the victim's family, you should request to discuss the case with the assigned prosecutor in order for them to explain why this is occurring. There can be many reasons for the severance including a judge's action on a motion by defense or even the prosecution. If this person is convicted of the initial charges at the first hearing, then the prosecutor can use that as evidence in the second case and can also use the conviction as aggravation if the defendant is convicted of the second charges. So, as you can see, this is not necessarily a negative decision for the prosecution. As for the charge of felony hit and run versus manslaughter. Again, you'll need confirmation of their rationale from the prosecutor but it may be an issue related to the coroner's statement about the cause of death. Unless the coroner or evidence clearly ties the death to the accident versus medical mistake or underlying health problems, then they might not have enough evidence to support the manslaughter charge. In addition, this may be part of a plea deal. I really can't say. It is important to know that what you might know in your heart that happened and who was at fault is not always as easy to prove from a legal standpoint.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.