QUESTION

Can he be charged with manslaughter if one of the victims dies of cancer?

Asked on Sep 12th, 2012 on DUI/DWI - California
More details to this question:
N/A
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9 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Possibly. However, your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. If he has not already done so, I strongly suggest that he contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding his case. He/she would then be in a better position to analyze his case and advise him of his options.
Answered on Sep 18th, 2012 at 10:31 AM

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Michael Paul Vollandt
If the proxmiate cause of the death is cancer no. If it is a contributing cause of the death, yes.
Answered on Sep 18th, 2012 at 10:30 AM

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Michael J. Breczinski
For that victim they would have to prove that his actions contributed to the death.
Answered on Sep 18th, 2012 at 10:29 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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CAN they charge you Of course. On any charge they think they have evidence and can convict you. Whether you can be convicted is a different question.When charged with any crime, the proper questions are, can any evidence obtained be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I?ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.
Answered on Sep 18th, 2012 at 10:28 AM

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Says who. They can always say he died from a combination of the wounds suffered, causing him to be weaker and therefore unable to beat the cancer.
Answered on Sep 18th, 2012 at 10:27 AM

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Anyone can be charged with anything if the D.A. decides to file charges and a magistrate judge lets the case go forward. ?But, to convict, the D.A. would have to prove beyond a reasonable doubt that the actions of the defendant caused the death. If party A punches party B in the face on January 1 and party B is hit by a bus and dies on January 2, party A is not guilty of manslaughter
Answered on Sep 18th, 2012 at 10:27 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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If thre actual cause of death was cancer, then no. But if the person had cancer when the person died, but would not have died but for the accident caused by the person, the answer may well be yes. I need to know the particular facts of the case.
Answered on Sep 18th, 2012 at 10:27 AM

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Gary Moore
I am guesssing that there was an accident and your friend was dui and that someone involved in the accident died from cancer. To be charged with death by auto a person's actions must be the effective cause of the death and is not guity of manslaughter if the person would have died should there have been no accident.
Answered on Sep 18th, 2012 at 10:25 AM

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Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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This is only half a question, so I'm not sure I understand it. Since you posted in the DUI category, are you asking if somebody can be charged with manslaughter following a DUI crash where the victim dies of cancer? The prosecution must prove causation - that is that the incident somehow led to the death. But. a defendant unfortunately gets their victims as they are. If the person had a pre-existing condition and this incident wouldn't have killed a healthy person but did kill this person - then yes, a manslaughter charge may be possible. This is WAY beyond a question & answer on the Internet. Whoever this person is that is being accused of manslaughter needs to keep their mouth shut, make NO statements to the police and get the best attorney they can find.
Answered on Sep 18th, 2012 at 10:20 AM

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