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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13663
Experience:  Experienced in multiple areas of the law.
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if a driver is charged with second degree murder will the passenger

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if a driver is charged with second degree murder will the passenger in the driver's car be charged as well?
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In order to best answer your question, I need a litlte more information.

Can you tell me what state this is in?

Also, can you tell me a litlte about the circumstances? Normally, if a driver causes a fatality with their car while driving, if a charge were to be filed it would be something like vehicular manslaughter, not murder -so I want to make sure I understand the background.
Customer: replied 4 years ago.
The state is Michigan and there was alleged illegal racing involved
Thank you for your patience.

A passenger cannot be charged with a criminal act in this situation . The operator of the vehicle who caused the fatality/fatalities would be the one to face charges. There are some states that can impose passenger liability (e.g., in some states, if a passenger lets a person they know is drunk drive their car and cause an accident, they can be charged as well) but nothing that I have seen in Michigan's laws provides for passenger criminal liability in a situation like the one you describe.

Also, as an aside, the charge is likely to be something like vehicular manslaughter/vehicular murder as the death involved the use of a vehicle.
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