How can I be charged with murder for DUI?
Handling a DWI case that involved the death of another person is extremely complicated.
It’s not just a DWI with an autopsy or a dead person.
There are very many layers of analysis that have to be conducted, and I dare say there’s only a few people in North Carolina who really understand the complexities of these issues, the emotions that run through everyone involved from the judge to the officers to the DAs to the jurors if it goes to trial.
The emotional aspect of these cases is extremely important.
Frankly, I think if you have a DWI and there’s a death associated with it, whether you’re charged with involuntary manslaughter or just felony death or even second degree murder, you have to look at the case completely differently.
Now, it doesn’t mean you just toss all the DWI knowledge that you have out the window, but it does mean you have to prepare that case looking at all the things that can happen with a DWI and all the complex issues with that and compare it with the person who’s no longer with us.
If a loved one is facing murder charges in Raleigh, call us immediately. Don’t wait, we help people with DUI-DWI cases involving fatalities – John Fanney
Because those really are the focus for the judges and the jurors, the person who’s no longer there, their family members.
Emotions rule supreme in these cases.
You may have a DWI murder case where you’ve got a great defense for the DWI, and if you do and the case can be won on that issue, obviously that murder charge or involuntary manslaughter charge goes away.
But you also have to prepare for the what if, because frankly in these cases sometimes the complex DUIs arguments and defenses, the judge just won’t go there because someone has died, because the community at large has spoken out against this, or it was someone who was well respected.
Those are the issues that make the courthouse tick when it comes to these types of offenses.
When you get those types of cases, you want to look at the human aspect of it.
You want to be able to, for example, to show the jury that in a second degree murder case you didn’t act with malice.
That’s the thing that causes murder cases to be second degree murder charges.
You may have involuntary manslaughter, which just means someone died unlawfully, but if you get to a murder charge, the state’s got to prove malice.
Different juries, different parts of the state, everyone thinks differently about what malice may be, so it’s really a multi-level analysis and you have to blend those two things together.
Sometimes there are little facts that come out in the DWI analysis that get transferred over to be effective with the murder case.
It may not exonerate you from murder, but it may lead the jury to go, “Hmm, maybe this guy didn’t act with malice. Maybe this is just involuntary manslaughter.
Maybe this is just felony death.” You’re always constantly looking at these factors and rearranging them as other factors come into play or when you get into court and you start trying the case.
Lawyers have a really big obligation to understand factors as they arise and change so you can adapt to what’s going on in the courtroom. Good lawyers watch judges.
Good lawyers watch the juries.
They understand what’s going on. There’s dynamics and psychology involved that frankly some people, regardless of their training, just don’t get.
Lawyers with the experience, lawyers who have been in court and tried cases, and yes sometimes lawyers who just innately or naturally have the ability to do these things are the types of lawyers you want on these types of cases. I’d like to think I’m one of those lawyers.
I’m John Fanney. I’m a criminal defense lawyer in Raleigh, North Carolina. I’ve handled many DWI cases involving the unfortunate death of another person.
I’d like to talk to you about your problem.
Give me a call, 919-617-7009.
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