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Peter Griesch
Peter Griesch,
Category: Criminal Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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Would I be able to do nursing with a Involuntary

Customer Question

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: 1 year ago.
Category: Criminal Law
Expert:  Peter Griesch replied 1 year ago.

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?

Customer: replied 1 year 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?
Expert:  Peter Griesch replied 1 year 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.

Customer: replied 1 year 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.
Expert:  Peter Griesch replied 1 year ago.

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

Customer: replied 1 year 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
Expert:  Peter Griesch replied 1 year 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.

Customer: replied 1 year ago.
Okay I guess I'll have to appeal these charges. How long does the appeal process usually take?
Expert:  Peter Griesch replied 1 year 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.

Customer: replied 1 year ago.
Okay I'm assuming a pardon would take about the same time ?
Expert:  Peter Griesch replied 1 year ago.

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

You could pursue both simultaneously.

Expert:  Peter Griesch replied 1 year ago.

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Expert:  Peter Griesch replied 1 year ago.

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