My question involves criminal law for the state of: California
This case involves a close family member of mine in which he was charged with D.U.I and manslaughter do to driving under the influence. I will explain the situation as far as I know from it. On a summer night my cousin met up with some friend at a bar in which he had a some drinks in which exact amount is not known. He decided to drive back home in which when he got into the freeway he was driving on the wrong way lane (opposing traffic). A car was able to avoid crashing into him but the third car collided head on with my cousins car. The third car (Ford) was carrying four passengers in which one of the passengers was critically injured. My cousins car rolled over the embankment and careened down to the side of the freeway. The car that my cousin crashed into was starting to catch on fire in which all three passengers were able to escape but except for one. As they saw one of the passengers trapped inside they decided to go back and try to free their trapped friend from the car as they were doing that the fourth car (Hyundai) collided with the Ford in which from that crash killed the passenger that was trapped inside. My cousin was not able to afford an attorney in which he was appointed to one, the attorney straight out told him "Yeah you are going to jail, you have to understand that someone did die here". Through the whole trial the defense attorney did not defended my cousin what so ever in which a plea bargain was offered to him. The plea bargain was to please guilty on two charges (Manslaughter and D.U.I) in which the sentence would be three years in prison and if he went into a rehabilitation camp and graduated his sentence would be reduce to 35% of the time. My cousin agreed on that plea bargain and the papers were signed. Later on the trial once of the passengers testify that they lost a great citizen and that one of them had a broken bone in his elbow in which they raise his sentence to 85% in which now he is serving 6 year without a chance of parole. My cousin did mentioned that his defense attorney told him to plea G.B.I in order to help him and that it is a steal and run type of offer. My cousin did follow the attorneys advise and plea. My cousin said that night he had .20% of alcohol in his system, as for the decease he was under the influence of marijuana and as well alcohol. As for the moment we are appealing his case in order to retrial and try to reduce my his sentence. My question is what are some defense argument we can make in order to reduce his time since he agreed to serve 50% of the time (3 years)? What defense can be made in order to favor his side? We completely understand that he initially started the crash but yet he was not in fault for killing the passenger.
This case involves a close family member of mine in which he was charged with D.U.I and manslaughter do to driving under the influence. I will explain the situation as far as I know from it. On a summer night my cousin met up with some friend at a bar in which he had a some drinks in which exact amount is not known. He decided to drive back home in which when he got into the freeway he was driving on the wrong way lane (opposing traffic). A car was able to avoid crashing into him but the third car collided head on with my cousins car. The third car (Ford) was carrying four passengers in which one of the passengers was critically injured. My cousins car rolled over the embankment and careened down to the side of the freeway. The car that my cousin crashed into was starting to catch on fire in which all three passengers were able to escape but except for one. As they saw one of the passengers trapped inside they decided to go back and try to free their trapped friend from the car as they were doing that the fourth car (Hyundai) collided with the Ford in which from that crash killed the passenger that was trapped inside. My cousin was not able to afford an attorney in which he was appointed to one, the attorney straight out told him "Yeah you are going to jail, you have to understand that someone did die here". Through the whole trial the defense attorney did not defended my cousin what so ever in which a plea bargain was offered to him. The plea bargain was to please guilty on two charges (Manslaughter and D.U.I) in which the sentence would be three years in prison and if he went into a rehabilitation camp and graduated his sentence would be reduce to 35% of the time. My cousin agreed on that plea bargain and the papers were signed. Later on the trial once of the passengers testify that they lost a great citizen and that one of them had a broken bone in his elbow in which they raise his sentence to 85% in which now he is serving 6 year without a chance of parole. My cousin did mentioned that his defense attorney told him to plea G.B.I in order to help him and that it is a steal and run type of offer. My cousin did follow the attorneys advise and plea. My cousin said that night he had .20% of alcohol in his system, as for the decease he was under the influence of marijuana and as well alcohol. As for the moment we are appealing his case in order to retrial and try to reduce my his sentence. My question is what are some defense argument we can make in order to reduce his time since he agreed to serve 50% of the time (3 years)? What defense can be made in order to favor his side? We completely understand that he initially started the crash but yet he was not in fault for killing the passenger.
Manslaughter: Dead Person Due to D.u.i
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