Hi, I am a 58/year old. 5 years back the car driven by me met with an accident with a moped. The rider of the moped was killed and pillion injuresld. As it was company's car the insurance paid out the victims. I wasn't drunk nor above the speed limit. I made sure the vctim was transported to the hospital and went to the police station myself. Now I have my date in court after I plead not guilty.I have been charged with 304 a along with many more . what is the chance of jail term ?
Asked in Criminal Law from Pune, Maharashtra
1. The jail term would be awarded only if the allegation is proved in the court.
2. You may not have been drunk nor driving above the speed limit and yet may be held as driving negligently and thus in violation of the law.
3. Defend yourself on merits in the court.
1. Well, the conviction depends on merit of the case.
2. Was there any eye witness?
3. If no and the char sheet is not bearing any material witnesses then chances of conviction is less.
1. You shall have to contest the case fittingly,
2. The prosecution shall have to prove the charge brought against you with bvalid evidence,
3. Engage a criminal lawyer having expertise in this field,
4. Punishment is not expected if the case is contested properly.
If you have driven you car in right side and no fault was committed by your side then it is rare chance to get punished under section 304 A. if punished then imprisonment will be less then 2 years. you have these options to evade from imprisonment :-
1. you will get compulsory bail at the time of punishment.
2. you can file appeal against the judgment.
3. you have chance to plea bargain under cr.p.c. so be in touch with victim and try to settle this issue amicable.