Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Would I be able to do nursing with a Involuntary

Customer Question
manslaughter charge, the charge is...
Would I be able to do nursing with a Involuntary manslaughter charge, the charge is from a car accident I was not drinking or driving and even texting. It was do to losing control on bad road conditions. This has been hell for me I thought by moving away
from the vehicular homicide charge which is a felony that I would not run in to issues. But seems this charge pretty much seems like I have a felony. For just a freak car accident over bad road conditions I think I got pretty screwed. Before all this I was
pre nursing then had to withdraw from my classes because of all this. Then I was told that I should be able to do nursing so I went back for a year for nursing then found that this charge may be an issue. I'm hoping to get some answers whether or not that
I could be a nurse or how to get rid of this charge. Its only been 8 months actually charged with this, the accident was over 2 years ago. If you can help that'd be great Thanks
Submitted: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 4 minutes by:
11/28/2015
Criminal Lawyer: Peter Griesch,
 replied 2 years ago
Peter Griesch
Category: Criminal Law
Satisfied Customers: 324
Experience: Tax Counsel at AIG, Inc.
Verified

Well, if it's involuntary manslaughter, that means that you're culpable for the death, as opposed to an accident from bad road conditions. If it truly was an accident, then you should not be convicted. If, however, you are convicted of involuntary manslaughter, you will have a felony conviction. Most states preclude individuals with felony convictions from being licensed healthcare workers, to include doctors and nurses.

What is the description / theory of the charge that makes you culpable vice an accident?

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Well this incident is in PA, which in this state the charge is a misdemeanor 1. I did get a traffic citation for to fast for road conditions but that doesn't necessarily mean I was speeding, according to the definition of the citation. Also yes a death was involved and I have to live with that for the rest of my life. But by no means did I want to get in a car accident. I was heading to a entrance exam for nursing and lost control on wet/icy roads around a bend. But for some reason they didn't look at it as I just lost control for bad road conditions they went further and said that I was speeding, which didn't have proof that I was. Also the husband and the family of the victim that was involved were on my side and didn't want to press any charges on me. But the DA did anyway, they had no say in the matter. Is this enough proof that it was just a car accident that happens to everyday people?
Criminal Lawyer: Peter Griesch,
 replied 2 years ago

In PA, involuntary manslaughter is defined as a death of a person "as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner. . . ."

Speeding, especially on an icy road is an unlawful act and or reckless act. If the police surmised that you were speeding based upon circumstantial evidence (skid marks, eyewitnesses, etc.), the state may prosecute you for the crime. It may be difficult for them to prove, and your defense would be that you were not speeding or operating in a reckless manner based upon the road conditions.

In cases like these, the prosecutor very often allows the person to enter a plea to a lesser charge, such as reckless operation, and if the person has no prior convictions, gives a conditional dismissal plea agreement. This means that if you plea to a low level misdemeanor with a conditional dismissal, as long as you do not commit any criminal acts for a period (typically 12 months), the conviction is dismissed, and you have no conviction record.

In that case, you could obtain your nursing certifications as if nothing ever ocurred.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Well they had no evidence there wasn't even skid marks, but they all assumed that I was speeding, based off of a witness saying that I passed her and she changed her story twice so idk I just think I didn't get justice I just got screwed. Before all this I had no criminal record clean driving record and I still get charged like I'm some kind of murderer? I think that's wrong. It was a freak car accident which I wish I could take back everyday. I just need to know if there is a way of changing it or if there is something that I could do to get my life back. Because I've lost my CNA job and my nursing career Over this. Plus I have 5 years of probation to which I think is a bit extreme.
Criminal Lawyer: Peter Griesch,
 replied 2 years ago

Ok, to clarify, were you already convicted or are you pending charges?

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
I'm already convicted I thought it was a just misdemeanor and it wasn't going to act like a felony and screw my life up. I thought I was going to be okay. That's how the picture was painted anyway. So what can I do now? I just want to move on with my life and be able to do nursing so that this whole accident isn't in vain you know? Like I worked at a nursing home for 8 months with this charge as a cna I was already working there prior to my accident and they just now let me go because of this charge not for anything else and I had a clean record in the medical field so I'm just really trying to find answers so I can get my job back and to get my RN
Criminal Lawyer: Peter Griesch,
 replied 2 years ago

If that is the case, you're only options to remove this from your record are to appeal the conviction, or to apply for a pardon. Otherwise, you will continue to have a misdemeanor involuntary manslaughter conviction.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Okay I guess I'll have to appeal these charges. How long does the appeal process usually take?
Criminal Lawyer: Peter Griesch,
 replied 2 years ago

Unfortunately, it's not a speedy process. It could take a few years to exhaust all appeals. If you prevail, it'll obviously be worth the effort.

Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Okay I'm assuming a pardon would take about the same time ?
Criminal Lawyer: Peter Griesch,
 replied 2 years ago

Maybe. The process could be quicker, but they are granted infrequently.

You could pursue both simultaneously.

Ask Your Own Criminal Law Question
Criminal Lawyer: Peter Griesch,
 replied 2 years ago

Please remember to rate my response. Just Answer only gives me credit if my response is rated. Thank you

Ask Your Own Criminal Law Question
Criminal Lawyer: Peter Griesch,
 replied 2 years ago

Please remember to rate my response when you have a chance. I only receive credit from Just Answer after my response is rated. Thank you.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Peter Griesch Your Own Question
Peter Griesch
Peter Griesch
Peter Griesch
Category: Criminal Law
Satisfied Customers: 324
324 Satisfied Customers
Experience: Tax Counsel at AIG, Inc.

Peter Griesch is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

NormaPensacola, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Can state extradite someone in sc on negligent homicide
Can Washington state extradite someone in sc on negligent homicide after 41 years? This person was arrested in sc after this and spent 32 yrs in prison for a different crime. He's been out almost 3 hr… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,063 satisfied customers
I just tried purchasing a rifle today and got denied on the
Hello I just tried purchasing a rifle today and got denied on the background check I have involuntary manslaughter charge do to a car accident I was not drinking or driving even texting it was do to b… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can you be charged manslaughter if I killed a person on motorcycle why I w
Can you be charged for involuntary manslaughter if I killed a person on motorcycle why I was passing semi truck if he was passing a truck and he ran off the road to avoid me and I followed off road an… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My son was fatality struck while working in a work zone. The
My son was fatality struck while working in a work zone. The driver & one of the passenger's were arrested at the scene because they had warrants out for their arrests. The driver had a bag of meth fa… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
a family member has been arrested for DWI and his passenger
a family member has been arrested for DWI and his passenger died at the scene. what can we expect to happen next?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Charged with attempted vehicular manslaughter in Missouri
My son was charged with attempted vehicular manslaughter in Missouri as well as reckless endangerment. He says his tire blew out and was on the way to work. This happened at 7 am. No injuries occurred… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I have a friend who is an alcoholic. This person has had 4
I have a friend who is an alcoholic. This person has had 4 DUI's in the last 10 years. So far that has amounted to fines, suspensions, a ton of rehab and 7 days in jail. Right now my question is... 1,… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
What is the difference between these terms: involuntary manslaughter
What is the difference between these terms: involuntary manslaughter and negligent homicide? If a man is an alcoholic and takes his children sailing and in his drunken state doesn't use good judgment … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,631 satisfied customers
My fiance was in an accident 2 yrs. ago where he collided with
My fiance was in an accident 2 yrs. ago where he collided with a bicyclist on the hiway who was under the influence of both alcohol & marajuana. We had been out at the lake that day & my fiance had ab… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
ACCIDENT IN VIRGINIA Due to the distraction of GPS,which
ACCIDENT IN VIRGINIA Due to the distraction of GPS,which fell on the floor. (The GPS has struck between Break and accelarator) I have taken partially eyes of the road. I hit a car rear with my front, … read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
This ACCIDENT happened in VIRGINIA Due to the distraction
This ACCIDENT happened in VIRGINIA Due to the distraction of GPS,which fell on the floor. (The GPS has struck between Break and accelarator) I have taken partially eyes of the road. I hit a car rear w… read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
Good evening and thank you in advance for your help in my understanding
Good evening and thank you in advance for your help in my understanding what "aggravated circumstances" are. In a recent family tragedy, my niece was killed in an auto accident. Four freshman college … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I made an accident in Fairfax Virginia, Due to the distraction
I made an accident in Fairfax Virginia, Due to the distraction of GPS,which fell on the floor. I took eyes from the road. I hit a car rear with my front, there were four other cars involved..chain rea… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
I made an accident in Fairfax Virginia, Due to the distraction
I made an accident in Fairfax Virginia, Due to the distraction of GPS,which fell on the floor. I hit a car rear with my front, there were four other cars involved..chain reaction all the cars were sto… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I made an accident in Fairfax Virginia, Due to the distraction
I made an accident in Fairfax Virginia, Due to the distraction of GPS,which fell on the floor. I took eyes from the road. I hit a car rear with my front, there were four other cars involved..chain rea… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
I made an accident in Fairfax Virginia, Due to the distraction
I made an accident in Fairfax Virginia, Due to the distraction of GPS,which fell on the floor. I took eyes from the road. I hit a car rear with my front, there were four other cars involved..chain rea… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
in 2007 my brother stole a vehicle and while the plice chased
in 2007 my brother stole a vehicle and while the plice chased him he ran a red light and hit another vehicle. sadly, the driver of the other vehicle died. my brother is now serving 35 years for what t… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
A party had taken place at an adults home. At the party ...
A party had taken place at an adults home. At the party drugs and alcohol were offered to several minors and later that night Patti Collins froze to death in an intoxicated state. The man hosting the … read more
Lawmoe
Lawmoe
Lawyer with 20 years of experience
Juris Doctorate
2,405 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x