car accident resulting in death

[Pauline38]

What is the name of your state? Az

My brother was the driver. He was towing a trailer and lost control. Two passengers died, one injured. Now he is being charged with 2 counts of manslaughter and 1 aggravated assault. I don't understand these charges. Why are they so severe and what do they mean? This was an accident. He was not driving recklessly.

 

[Mike101]

Being reckless is an important element. Somewhere they must be claiming he was reckless. Its possible the way he way towing could have been careless. I can't tell you much more without reading the complaint.

 

[Pauline38]

Hi Mike, Thanks for your response. Yes, careless! He did not have the trailer brakes hooked up and upon coming down a hill the trailer took over and made him loose control of his vehicle. That must be where these charges are coming from. Does the county attorney typically trump up the charges to make room for bargaining? And is it normal for charges like this to take 5 months before being made? (His accident was in June) What is the next step here and what kind of consequences do these charges carry if he is convicted? He told me this goes to the Grand Jury. Can you tell me what aggravated assault means? Is this due to the injured passenger? And why isn't it involuntary manslaughter instead of manslaughter, since this was an accident? What difference do the two hold? I really appreciate your input, thanks !

 

[Mike101]

Its not really trumping up the charges. Just a matter of charging to the max. Then it gets reduced down and everybody is happy. or happier
It can take a year before charges are filed.
If he is convicted he can definately do some time in prison. Depends on his record and what exactly the police are claiming he did.
The aggravated part comes from the injury.
Manslaughter is causing the death of another recklessly.

 

[Pauline38]

Thanks again Mike,
So if this is charging to the max, how far do you think these charges can be reduced? What will the prosecuter be looking for? Do they take into consideration his emotional suffering and that he has to live with the fact that two of his good friends are dead because of him? It has been very difficult for him. The family members of the deceased are not pressing any charges and have given their support. Does that mean anything? What happens now? Will this go to trial or is it just the lawyers and the judge?

 

[Mike101]

In North Carolina they have a charge of of Misdemeanor death by vehicle. The better part of the time that is where the charges end up. I figure Arizona has something along those lines. The family is a important fact that is considered. If the DA wants to reduce something and the family has no objection there is little to cause a problem. If he is guilty a trial is not going to help anybody. I would figure his lawyer will get together with the DA and something will be worked out to everyone's satisfaction.

 

[Pauline38]

Good to know, thanks.
I just found out that one of the members of the Grand Jury is also an eye witness (small town) is that bad? It is my understanding that the report was written up then sent to the Grand Jury to decide if charges will be made and what they will be. Now that is done, what role does the Grand Jury have? Does the prosecuting attorney have to answer to the Grand Jury or did the Grand Jury decide the charges and it's up to the judge now? I'm trying to get an understanding about how this system works. My brother goes in to plead not guilty tomorrow and then meets the prosecutor. After that, what happens next? My brother is such a nervous wreck I can't get much information out of him. I want to be supportive but I just don't know much about this stuff.

 

[stephenk]

why doesnt your brother have an attorney?

 

[Pauline38]

Hi,
He does have an attorney. I am just trying to find out what the process is and what he is facing. I am unfamiliar with the court system and I am trying to get a little smarter about it. He calls me for support and I want to give him educated advise. Do you have any input about the questions listed above?

 

[Mike101]

One of the members of the grand jury being a witness is a little odd. The grand jury is really just a formality. The case is presented to them and they determine if there is enough evidence that shows the person has done what they are being accused of. The DA just presents the case to the grand jury. From the grand jury the case moves to the court where the person is arraigned. That is where a plea of guilty or not guilty is entered. The judge sets terms of release and it continues forward. The next step if a plea of not guilty is entered is the attorney talks to the DA and they see if they can come to an agreement. More or less like buying a car. Keep going till a price both people are happy with is reached. If they reach an agreement it goes back to the judge and they look it over and either accept or reject the plea bargain. It is rare for a judge not to go along with the agreement that the state and defendant reach.

 

[Pauline38]

Thanks MIke,
You have cleared up a lot of questions for me. I think I have a pretty good understanding now about the process. I hope all goes well and my brothers attorney and the DA can reach a decent agreement. My brother is not a criminal. This was a tragic accident and he will be paying for it the rest of his life, living with his own guilt. I hope he can get off with probation and community service as jail time is not going to serve justice to anyone. One more question. What are "terms of release" that you mentioned?

 

[Mike101]

Terms of release is what needs to be done so your brother doesn't have to stay in jail while he waits for trial. Usually just bail. Depending on the case determines the conditions. His should just be money. Pay what the judge says and get out. Not sure what type of bond he'll get. Probably an unsecured if he has no record. That means he signs his name and agrees to pay the amount the judge stated if he fails to show up in court.