ERICK NEGOTIATES PROBATION PLEA FOR CLIENT FACING FOUR-YEAR MINIMUM MANDATORY PRISON SENTENCE FOR LEAVING THE SCENE OF AN ACCIDENT RESULTING IN DEATH
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By March 8, 2018 Posted in
A young woman on her way to work early in the morning struck and killed a pedestrian who was walking across the street. The young woman, 20 years old, panicked and drove off before being stopped by police more than a mile away. The woman gave a statement to the police admitting to knowingly striking the pedestrian and driving away. To complicate matters more, the woman's driver's license was suspended and she had no insurance. Police arrested her and charged her with leaving the scene of an accident resulting in death, a serious charge requiring a minimum mandatory four year prison sentence.
After he release from jail, the client hired Erick Cruz to represent her. Erick immediately got to work by obtaining surveillance video recordings from the surrounding area. The video was key in demonstrating that the pedestrian failed to yield the right of way to the vehicle and did not use a designated crosswalk. Additionally, Erick was able to obtain the pedestrian's medical records which revealed that the pedestrian had a blood alcohol content more than 3 times the legal limit. With this key evidence at hand, Erick conducted the depositions of the investigating officers that conceded that had the client remained on the scene she would not have been charged with the pedestrian's death. Unfortunately, the suspended license and lack of insurance presented a significant obstacle to resolving the case.
Erick urged the prosecutors to meet with the victim's family to discuss the case and solicit their desires in the resolution of the case. The family was financially devastated because the pedestrian was the main breadwinner of the family. Additionally, the family incurred serious burial expenses following the accident. Erick expressed to the family the sincere apology and regret that his client felt and explained that his client's youth and immaturity played a significant role in incident. After helping the family pay for funeral expenses and other losses, the prosecutors agreed to waive the four year minimum mandatory prison sentence and instead agree to a probationary sentence. The outcome was satisfactory to the family and the client who was able to remain out of jail and continue with her studies and family.
If you or a loved one is facing vehicular homicide charges call Erick Cruz to discuss with him how to get the case dismissed or charges and sentence reduced. In difficult cases such as these, time is of the essence and having Erick working on your side is key to achieving a positive result.
Call Erick to discuss your case at (305) 444-3844.