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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I am terminally ill and have a5 year old son and now my husband

Customer Question

I am terminally ill and have a5 year old son and now my husband is facing to 2-7 years in prison because he fell asleep and side swiped a semi truck with our u-haul on the back roads during the winter in this February he did not feel it they are not the company is not pressing charges however Pennsylvania is and because of his record from when he was 18 19 20 and 21 they are punishing him to the full extent of the law even though he will be 50 years old in a couple of months please help me you supposed to be sentenced on the 9th of this month how do I write a lenient C letter hitting the judge to give him in house locked up or 5 years felony probation anything but you all time the doctor say I only have 2 years that was 5 months ago I have no other family neither does my husband are both on disability so he doesn't have a job he is my full-time caretaker it's hard for me to do too much by myself I am NOT very stron narcotics oxycodone 30 milligram 6 times today morphine 30 round six times a day lyrica 225 9 pounds three times a day I need my husband at home I don't want to die alone I don't my child to wind up with no mother or father and put it to you the states care how do I get the judge to see that it was just an accident he would have subs they are saying you're charging him with endangerment to an individual and destruction of property even though the other side did not want to press charges
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.
Thank you for bringing your question to JustAnswer. I am very sorry to hear about your unfortunate situation, and I will keep you and your family in my prayers. I will be glad to Answer your question and the only thing I ask is that you leave a positive rating. It will NOT cost you anything, but it is the only way that JustAnswer gives the Experts credit for assisting customers, Fair enough?
Please give me a little more information on the accident because I do not understand how he could be given any jail time for falling asleep at the wheel -
1. Was this a DUI ?
2. What type of prior convictions does your husband have and in what years were these convictions ?
Thank you and I look forward to your reply,
ANDREA
Customer: replied 1 year ago.
I thank you so much for your generosity and time out of your busy schedule to insist me and my family in our time of need also for your prayers we do need them. I noticed that in the email they said they were looking for Australian law I am in the United States the accident happened in Pennsylvania we are on our way back from Florida I was driving in front of my husband in our minivan with my son and our dogs my husband was approximately 2 miles behind me there was a semi pulled off the side of the road he had no flashes on nor any flares just A reflective triangle on the back of his truck I myself almost hit him when I came down off of a steep hill at 1130 12 o'clock at night During snowy weathe. my husband passed sobriety test there was no drinking or drugs being years my husband was just very tired we drove straight through from Florida only it took us about 27 hours because we had to keep stopping for my child and jobs to go to the bathroom. the truck that we we're using a some budget and it was a 27' with sex thin sheet metal pieces on the side similar to what is used on metal roof so he thought that he just hit bumps in the road which jerked him awake cuz he had dozed off he did not realize that he hit anything so he continued to drive losing all of our stuff out of our truck 22 years worth of memories toys furniture clothing we lost it all in fact we had to sell our wedding rings in order to start over it was the worst birthday of my life yes it happened on my birthday to top it off I just had pins taken out of my Foot,(the morning that we left) from a surgery I had on my big toe 5 weeks earlier;but I digress, Most of his charges happened when he 18 burglery (1984- 1991).Most were burglery, 1991 DWAI &assualt on an officer, he did 2 2year senteces with a third off for good behavior then in 19 98 he received 6 months with a third of for good behavior for A possession of a controlled substance then in 2004 he received five-year felony probation for sale of a stOlen weapon. and probation says that it is the statue to give him time in jail not just probation because of his charges even though in February he will be 50 years old it just not seem fair for things he did in his early twenties in which he was already Was punished for to continue To dictate what happens to him now. it seems to me, all that is being punished is my child, my husband has already shown that he can do time in prison that is not a problem for him; however being that my husband and I myself are on permanent disability it will be mine and my childs disability benefits which he collects off of my husband's is all the income in which I have to support my child and myself with ($1005/ month) we will have to move to is much smaller place,get rid of the 2 dogs that we have in which he has grown up with we will also have to give up many of his toys, and most of all he will not have his daddy in which he has never been away from other than preschool; his dad is his best friend, his everything, he will be watching his mommy pass away without his daddy there to comfort him, please you tell me her the justice system is punishing in this situation. that's just what it was a bad situation not a malicious act.
Expert:  Andrea, Esq. replied 1 year ago.
Thank you for your reply and your additional information.
If the owner of the truck is not pressing any charges against your husband, I do not understand how the District Attorney’s Office is going to prosecute your husband, nor do I understand on what charges they would prosecute him.
In Pennsylvania criminal cases, Judges must follow the Sentencing Guidelines handed down by the Pennsylvania Sentencing Commission. But, as I just stated, I do not understand what charges are being brought against your husband. He was not drinking and simply fell asleep at the wheel. If you can send me the Criminal Complaint, it would help me understand exactly why your husband is being prosecuted. and would also tell me what charges have been lodged against him. Then, once I know what the charges are, I will have a better picture of what your husband is facing. Then, through JustAnswer’s “Additional Services”, I can help you write the letter which you will read to the Judge. The fact that your husband has not been in any trouble since 2004, that's 11 years ago. That fact should help your husband's case. Additionally, you can certainly ask the Judge for probation or to defer your husband's sentencing to a later date because of your personal extenuating circumstances.
Kindest Regards,
ANDREA