Legal Question in Criminal Law in New York

I hit a 14 year old with my minivan by accident and he died

i was in an accident about four weeks ago,where i hit a 14 year old boy with my minivan and he died!i DID NOT DRINK AND HAD no drugs in my system im pretty shore i was going the speed limit but they still have my car.What i want to know is what is going to happen next!what can i be charged with.


Asked on 9/29/07, 5:01 pm

3 Answers from Attorneys

Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: I hit a 14 year old with my minivan by accident and he died

Depending on the circumstances, you MAY be charged with any number of crimes/violations/offenses . . . or you may be charged with nothing at all. You really need to speak to an attorney and, most importantly, you need to stay quiet/silent. No talks with insurance, investigators, police . . . even neighbors or friends, until you speak to an attorney. Feel free to contact me but even if you don't, I wish you the best of luck through this difficult time.

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Answered on 9/29/07, 8:51 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: I hit a 14 year old with my minivan by accident and he died

What is going to happen is there will be an investigation by the police. They will try to reconstruct what happened. The police will normally conduct interviews with anyone in the area, they will look at the tire marks (there are tests to help determine the speed you were going), the medical examiner will give a report concerning the cause of death for the boy and if there may have been any other factors that played a role and the police will try to interview you and anyone who was in your vehicle at the time. You should speak with a criminal defense attorney and go over your rights. You should not give any statements to the police, until you have consulted with an attorney. After the police have completed their investigation then the police & prosecutor will determine what if any charges should be filed. You could be charged with anything from speeding to murder. This situation is extremely serious and I strongly advise you to speak with an attorney. That being said I have handled a number of these cases and you should understand that the police always conduct an investigation when there has been a fatality and they normally take the car to conduct testing on. Just because there is an investigation does not mean that there will be any charges filed against you. Please feel free to contact my office if we may provide any assistance to you in this matter.

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Answered on 9/30/07, 2:54 am
Robert Evans Robert S. Evans esq.

Re: I hit a 14 year old with my minivan by accident and he died

Your car is being held for the police to conduct an investigation. Upon it's completion,you may be charged with many possible criminal offenses,but perhaps with none atall.In the meantime do not answer any questions without an attorney present. Investigations will be conducted to determine liability both criminal and civil,so therefore you are at risk of having any statements you make used against you. Again retain an attorney and don't speak with anyone about the incident without your attorney present. I am a former Traffic Court Judge and handle many cases of this nature,so feel free to contact my office for a free phone consultation.

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Answered on 9/30/07, 10:42 am


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