Legal Question in Criminal Law in Pennsylvania

Can a person be charged criminally after having had a hearing on non-criminal ch

My niece was struck and killed on the shoulder of a road while giving assistance to a motorist. The man who hit her was excedding the speed limit and driving on the shoulder of the road. Ww were informed that criminally charges would not be filed. We were also told that there were no drugs or alcohol involved. We recently received a copy of the police report. In it, the driver admits to having drank alcohol. We have also heard from an EMT and a firefighter on the scene that they smelled alcohol on the driver. We are meeting with the DA next week to discuss her decision not to file criminal charges.

The driver who killed my niece is scheduled for a hearing on the charges of speeding and driving without insurance just 3 hours after we are scheduled to meet with the DA to discuss the possibility of reopening this investigation and having criminal charges filed.

My question is this: If this man has a hearing on the non criminal charges and the DA finds that there is reason to reopen the investigation, can criminal charges still be filed against him or would that be considered double jeopardy?


Asked on 8/25/05, 11:11 am

1 Answer from Attorneys
Konrad Jarzyna The Law Offices of Cozzi & Jarzyna

Re: Can a person be charged criminally after having had a hearing on non-crimina

If he enters a guilty plea to the summary offenses it could be barred by double jeopardy. Especially when the DA has all the information needed to file any additional charges. Here the DA has to prove that the driver was grossly negligent to get the guy convicted of homicide by a vehicle. You should try to see the DA earlier, if possible. After all, you vote for them. I am sorry about your niece. Best wishes.

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Answered on 8/25/05, 11:20 am


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