Can I still go to jail?
3 attorney answers
Unfortunately, the officer is not the ultimate decider of whether you were at fault. Certainly it is a good sign to have the officer tell you that. However, the fact that the accident involved a death may trigger a review of the evidence by the district attorney to see if charges should be filed. If you had gone out and gotten an insurance policy before this accident, your insurance company would represent you in civil court regarding fault for the accident and any money damages that might be awarded. Without insurance, you will need to get your own attorney to represent you on that. If you don't go to court to fight the civil case, the case will be defaulted against you and you will be found to owe the amount requested in the civil complaint (plus attorneys' fees and other expenses). If you don't pay that amount, you will lose your driver's license until you pay. It would be much better to pay an attorney to represent you.
If you are charged with a crime, obtain the services of an experienced criminal defense attorney. If you cannot afford to hire one on your own, call the Office of the State Public Defender and see if you are eligible to have them appoint an attorney to represent you in the criminal matter.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
Yes, if you were found to be intoxicated, fled the scene, or were guilty of several other serious traffic violations, and an accident resulted in any injury, it sometimes could become a criminal offense. Otherwise, there are a large number of civil infractions which do not have a jail option, in which event that answer would be no. Either way, you still need a lawyer, however, just to handle the civil liability and driver’s license ramifications. For example, the DMV would often still try to take your license due to driving without insurance, is many similar scenarios involving the facts that you mention. Either way, we all wish you the very best of luck in resolving this successfully.
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wrong legal category. Unless you were charged with a crime, no. If yes, hire a criminal defense attorney.
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