Legal Question in Criminal Law in Idaho

Manslaughter

My ex-husband was in an automobile accident,which resulted in the other party being killed. It was my ex's fault because he ran a stop sign.The elderly man who was killed was riding a motorcycle and was thrown from his bike and died before the ambulance even got there. My uestion is what would the probable charge be to my ex and what would be the most likely sentence in such a matter?


Asked on 7/23/03, 3:26 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Manslaughter

If he is being charged with 'involuntary manslaughter' because of alcohol involvment, without priors, he is probably facing time in the county jail for not more

than one year or in state prison for 24/36/48 months under determinate sentencing guidelines.

If he is interested in hiring counsel to defend him, contact me immediately to discuss.

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Answered on 7/23/03, 7:43 pm
Patrick McNeal Law Offices of Patrick D. McNeal

Re: Manslaughter

The charges would vary depending upon the location or jurisdiction of the accident. In California,, there is a specific statute entitled vehicular manslaughter which encompases a death wherein the driver of the car was in violation of a vehicle code regulation,, However, if the conduct of the driver was more serious or reckless, the crime of Manslaughter to second degree murder are possible charges that could be brought against the driver who was at fault. The sentencing ranges for this type of conduct go from Probation with some County Jail time, all the way up to prison,, and as much prison as 15 years to life imprisonment if it is a second degree murder. To be able to suggest some likely sentencing ranges for your ex-husband would require a lot more details than your question provides.

Good Luck,,pdm

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Answered on 7/23/03, 4:27 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Manslaughter

Thank you for your inquiry.

As Mr. McNeal suggested, vehicular manslaughter is one possibility, and it carries up to one year in jail, and a $1,000 fine, as a maximum punishment.

Some of the more serious possibilities include maximums of up to 25 to life, depending upon the sentencing judge and the seriousness of the crime.

I hope this helps, but if you have any further questions, desire additional information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

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Answered on 7/23/03, 6:35 pm


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