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  1. #11
    Join Date
    Oct 2016
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    Default Re: Can Homicide Charges Be Filed Over a Fatal Accident

    Quote Quoting Taxing Matters
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    I don't understand the emphasis on "law" in lawyers. What is your point on that?
    Google the two emphasized words. You will understand.

  2. #12
    Join Date
    Mar 2013
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    16,970

    Default Re: Can Homicide Charges Be Filed Over a Fatal Accident

    Oh, for Pete's sake.

    Here it is:

    https://www.lawtigers.com/


  3. #13
    Join Date
    Oct 2016
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    3,055

    Default Re: Can Homicide Charges Be Filed Over a Fatal Accident

    Yep, those guys.

  4. #14
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    210

    Default Re: Can Homicide Charges Be Filed Over a Fatal Accident

    Very very sorry for the death of your child, prayers to all who are hurting.

    As far as the legal aspect, to quote: "In American jurisprudence at least, a private citizen lacks a judicially cognizable interest in the prosecution or non prosecution of another."

    "Prosecutorial discretion" is the doctrine/law that allows a Prosecutor/District Attorney, to decide if charges are filed or not.

  5. #15
    Join Date
    Jun 2019
    Location
    Orlando, FL
    Posts
    2

    Default Re: Can Homicide Charges Be Filed Over a Fatal Accident

    Thank you to everyone's response.

    What other facts would the prosecutor need to know for an involuntary manslaughter charge?

    The investigator for this case won't send this to a prosecutor. I asked him the questions about a Vehicular Homicide or Involuntary Manslaughter charge, he only told me why he's not charging the other driver with Homicide and completely skipped over the question of Manslaughter. That's why I am here, on this site. To find out if this situation would qualify for anything other than a traffic citation. To see if anyone could be held responsible for my child's death.

  6. #16
    Join Date
    Oct 2006
    Posts
    15,435

    Default Re: Can Homicide Charges Be Filed Over a Fatal Accident

    Quote Quoting JusticeForHer
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    Thank you to everyone's response.

    What other facts would the prosecutor need to know for an involuntary manslaughter charge?

    The investigator for this case won't send this to a prosecutor. I asked him the questions about a Vehicular Homicide or Involuntary Manslaughter charge, he only told me why he's not charging the other driver with Homicide and completely skipped over the question of Manslaughter. That's why I am here, on this site. To find out if this situation would qualify for anything other than a traffic citation. To see if anyone could be held responsible for my child's death.
    There is always the alternative of a civil wrongful death suit. If you cannot get the guy arrested you may be able to hit him hard in his wallet.

  7. #17
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,978

    Default Re: Can Homicide Charges Be Filed Over a Fatal Accident

    If you are looking for a statute or a case law or a regulation that you can invoke that will force the state to prosecute, there isn't one. Even if you are able to apply the facts and say, "Here! This meets the definition of Manslaughter", it is still up to the DA's office to decided whether to prosecute for it or not.

    You get to decide whether to file a wrongful death suit. The DA's office gets to decide whether to criminally prosecute.

  8. #18
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,321

    Default Re: Can Homicide Charges Be Filed Over a Fatal Accident

    Quote Quoting JusticeForHer
    View Post
    My question involves criminal law for the state of: Florida

    My minor child was driving a motorcycle home. My child had a green light when they approached an intersection. Another vehicle traveling in the opposite direction had a green light also but decided to make a left-hand turn right into my child's path causing them to hit, run over, and kill my child. An eye witness of the accident stated the 2 drivers did not seem to be speeding, and the investigator chose not to have a toxicology test done on the other driver because "they didn't smell like alcohol". Even though the other driver was found to be the at-fault driver, they are only being charged with Failing to Yield to the Right of Way.

    My child lost their life as a result of someone committing an unlawful act. Can the at-fault driver be charged with Vehicular Homicide or Involuntary Manslaughter?
    My sincere condolences over your loss. I know that no mere words can possibly make up for such a loss.

    Just thought I'd add a couple of cents to the discussion in way of an explanation. You mention that no toxicology was done because there was no odor of alcohol. Likely there was also no indication of impairment. Absent impairment such that an arrest based upon probable cause could be justified, no chemical test can be mandated. An at-fault party in a collision - even fatal - cannot generally be compelled to take a chemical test. There are some exceptions for commercial drivers in most if not all states, but not for private parties.

    And as was mentioned, while it is theoretically possible for manslaughter charges to be filed in this instance, it has been my experience that few DAs will file such charges absent some egregious action in conjunction with the unlawful act. If you have not done so already, perhaps you can communicate with the prosecutor's office and find out whether they have made a decision for such charges. If this was an inc ident that happened only recently, it could well be that no report has been forwarded to the state's attorney just yet so no evaluation has yet been made.

    Again, so very sorry for your loss.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #19
    Join Date
    Jul 2018
    Posts
    1,433

    Default Re: Can Homicide Charges Be Filed Over a Fatal Accident

    Quote Quoting JusticeForHer
    View Post
    he only told me why he's not charging the other driver with Homicide and completely skipped over the question of Manslaughter.
    "Homicide" is generally defined as the unlawful killing of another human. "Homicide" is the general category into which crimes like murder and manslaughter fall. If he said he's not going to charge the other driver with homicide, that means vehicular homicide, involuntary manslaughter or anything else.

    We have no way of knowing what might persuade the prosecutor to file charges despite the police not referring the matter. You can contact the prosecutor's office and ask for a meeting to discuss.

  10. #20
    Join Date
    Jun 2014
    Posts
    3,038

    Default Re: Can Homicide Charges Be Filed Over a Fatal Accident

    There are support groups for parents that have lost children. Do you have any in your area ? Losing a child is a life altering experience. I understand your anger. But anger is like a cancer. It will eat you alive. Please either find a support group or get in counseling. Turn your anger and pain into something positive. Do it in memory of your child. Be kind to yourself.

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