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Need answers about wrongful death case. years a person gets jail term

Alpena, MI |

How many years can a person spend in jail for wrongful death and release on parole
my nephew was charged with max 1 year sentence in Michigan. He ran red light and hit another car and killed by negligence last November. if the jury finds him guilty the max sentence the prosecutor was 1 year. if they found guilty and judge sentence him 1 year. when can he released on a parole. he is single parent of a 6 year old spouse passed away 3 years ago. based on this can he be freed by the jury he has clean record good citizen (feel sorry for the suspect).

my next question is in Macomb county Harrison township. if he gets 1 year sentence can he be released in a month if they find too much crowd in the jail (like they do in California)
After his release will this jail term stays on his record 4 life

according to the police report since he crossed redlight other person crossed redlight (verbally he said decedent more than 50 percent fault)

Attorney Answers 4

Posted

I added a criminal defense tag, and jail tag to your question. It is really a criminal matter. I understand that the underlying claim is a wrongful death claim, but your question, can best be answered by criminal defense attorneys in Michigan where it happened.

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2 lawyers agree

Posted

This is a question for a criminal law attorney, not civil re wrongful death. Ask this of a criminal law specialist and you should get the answers you seek. Good luck to your nephew. Hope this serves him and some good in the long run.

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3 lawyers agree

Posted

Best bet is to retain a local criminal lawyer to investigate.

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4 lawyers agree

Posted

You are confusing tort law with criminal law. Wrongful death is a civil cause of action. As to what he is facing if convicted, I would need to know the charge. You need to hire a local criminal defense attorney.

If you are seeking legal advice, you should contact an attorney. Neither use of the information on this page nor an email to this office establishes an attorney-client relationship. Such relationship can only be established by an express agreement.

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2 comments

Asker

Posted

one count of moving violation causing death based on criminal charge filed by prosecutor

John William Toivonen

John William Toivonen

Posted

MCL 257.601d Moving Violation Causing Death can result in a maximum penalty of 1 year in jail. As to his sentence, that depends on his prior criminal record and offense variables. I would hire a local defense attorney to represent him.

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