Legal Question in Criminal Law in Virginia

Double Jeopardy

I am in a bit of pickle. I was charged in a small town for supplying alcohol to a minor. The case took six months for them to file on and they filed a misdemeanor charge. What allegedly happen in the case is this minor obtained the alcohol from me somehow and then later in the evening killed herself while driving drunk. I was told that if I accept a plea I would get 30 days in county jail. My question is if this plea is accepted, can the prosecution later try to charge me with involuntary manslaughter or some other felony offense spurning from the same set of facts?


Asked on 6/12/08, 2:38 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Double Jeopardy

If the other offense happens to have at least one other element that the plea offense does not, that might be possible.

Another consideration, is that by pleading guilty to the misdemenaor, you could well be exposing yourself to civil liability in a wrongful death suit brought by the decedent's family.

Before you do anything further in this matter, I would urge you to seek a consultation with an experienced criminal defense counsel who practices in the jurisdiction where the charges have been brought.

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Answered on 6/12/08, 9:54 am


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