While your criminal record could have an impact on the jury's decisions, it is difficult to do a realistic analysis without knowing more details. On the one hand, your criminal past presumably does not impact on your son (presuming he did not have a criminal record) and there is going to be a sympathy for his death if he bears little or no culpability in the happening of the accident; on the other hand, if you will be a recipiant of any of the wrongful death proceeds, depending on the nature of your past felony, a jury may have the mindset not to want to award substantial monies. However, these are important tactical decisions that you should be discussing with your lawyer who would know all of the relevant evidence and intangibles that go into making a decision. Discuss it with him or her.Ask a similar question
I am sorry for your loss. You should discuss this with the attorney who is representing you in this case. You must truthfully answer questions at a deposition and admit to the felony if asked. That being said, the fact of your felony should not have an impact on the merits of your case unless there is a statute that prohibits convicted felons from serving as Estate representatives. Discuss this with your attorney and be guided accordingly.
Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.Ask a similar question
I wouldn't worry too much about your prior felony. Talk to your lawyer about what effects it may have, if any. Removing yourself from the lawsuit likely wouldn't stop your deposition from happening, anyway, as you are the decedent's father.
My best advice: don't stress about this. Disclose the felony if asked and be truthful in your deposition. All the best.Ask a similar question
While it is a legitimate concern, there are ways of dealing with your situation, including reducing the felony to misdemeanor and getting it expunged. However, not every felony can be reduced into misdemeanor. So, a review of your criminal background is required in order to know for sure if it is doable. Also, some felonies can be kept out based on the date and circumstances, depending to the judge of course.
As for you removing yourself from the case, I don't recommend it. Your grief and loss is not any less just because you were convicted in the past. Feel free to ask away if you have more questions. We're here to help.Ask a similar question
I would not worry about that. While you could be asked about it in your deposition, it is by no means certain that a jury would ever hear about your felony conviction, especially if it was many years ago. Your lawyer can make a motion before trial to keep the information out of the case, and this is the sort of thing that judges often exclude from evidence if it is not relevant or its relevance is outweighed by its inflammatory nature. The rule also varies depending on what court your case is in - are you in federal or state court?Ask a similar question
You need to talk to your lawyer.
A felony conviction in California unfortunately is generally admissible. A few years ago that was not the case. As well, in California all heirs, are required to be either plaintiffs or nominal defendants.
With all that said, the loss of a loved one is not lessened because a survivor has been convicted of a felony. I assume your son was unmarried and had no children.
Trust your lawyer, he or she will do his best for you.
The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.Ask a similar question
You need to discuss the proper strategy for the case with your lawyer. If you dont have confidence enough in your lawyer, consider getting a new one. the details really make a difference, and non of us on Avvo know everything we would want to know if advising you. I dont now who the other plaintiffs are, assuning there are others. I dont know how much the other person has in insurance or assets. I dont know what the felony was and when.Ask a similar question
You should discuss this with your attorney and see if your attorney thinks it will damage your case if you do not take yourself off the lawsuit. The other side will still want to do your deposition even if you are off the lawsuit since you are the father. Please accept my deepest sympathies for the loss of your son.Ask a similar question
The answer is not as easy as the question. The case itself is unlikely to be seriously affected by the fact you have a felony conviction. Damages may be affected; but, as has been pointed out, you will be named as a party to the lawsuit irrespective of the felony. Time of the conviction and type (the crime) will be considerations as to whether the jury feels it has significance. Your general character and your relationship with your son are more important factors.Ask a similar question
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