Vehicular homicide – i.e., “homicide by vehicle” under 75 Pa.C.S. § 3732(a) – you face an uphill legal battle. These are serious charges, and it is important to understand the legal process you are about to face.
These cases start with an arrest, arraignment, and bail. From there, you will typically face a preliminary hearing, negotiations for a plea deal, and a potential trial. If you lose your case or plead guilty, you will be sentenced. A sentence can potentially require at least 5 years in prison for certain enhancements.
For a free review of your case, call our Philadelphia criminal defense lawyers right away at Kenny, Burns & McGill at (215) 423-5500.
Arrest and Booking
If you commit a crime, you will usually be arrested. In the aftermath of the crash, the police will be called to the scene, and you will likely be taken into custody.
At the station, the police will search you and may want to interrogate you. If they do ask questions, simply state that you are invoking your right to remain silent and your right to have an attorney present. Then, do not answer any questions.
If they keep asking questions, just keep repeating your rights. Do not discuss the case with anyone unless our Pennsylvania criminal defense lawyers are present.
You will also usually be booked at this stage, which means your fingerprints will be taken and your ID information will be entered into the statewide system.
Arraignment
An arraignment is the first stage of your criminal case where you are able to have your lawyer represent you in court. We can step in and help before a judge at this stage, but we can help you deal with police interactions even earlier than this.
Arrangements are typically scheduled quickly, and you might even be given a public defender to step in and handle this stage, since it is so brief.
In the hearing, the judge tells you what you were charged with and asks you how you plead. You should plead not guilty at this stage.
Pleading guilty means the case is over, and you go straight to sentencing. If you want any chance of fighting the charges or reducing your sentence through plea negotiations, plead not guilty.
Bail Determinations
Judges determine bail based on reports from the government on your living situation, prior history, income, etc. The goal of bail is to make sure you return to court for your next hearing date and that you do not pose a danger to the community once released.
With serious driving offenses, bail is sometimes high. Judges see it as their responsibility to make sure you cannot hurt anyone else, so if you get back behind the wheel and kill or hurt someone, it would be because they let you go.
As such, it often takes a high dollar amount or bond to get you out of jail. Even so, people with no priors, a stable job in the community, no flight risks, and alternative forms of transportation may be released.
If it comes to it, we may need to schedule a second bail hearing if you are initially denied bail or it is too high for you to afford.
Preliminary Hearings
Before your case goes to trial, you get a preliminary hearing. Here, the police and prosecutors present their evidence of the crime to show that there is probable cause that…
- The crime happened
- You were responsible.
There is no guilt or innocence determined at this time, and we may be able to use the hearing to briefly assess any issues that have not been tackled yet regarding bail release or fingerprinting/booking. It is also our first chance to really see the evidence against you and get a moment to talk to prosecutors about your case.
Sometimes it is worth waiving the preliminary hearing if we are already in plea negotiations with the prosecution. Otherwise, we can use this as a moment to test their evidence and potentially even get the case dropped if the police work was shoddy or their evidence against you is thin.
Plea Negotiations
Often, the best way to keep you out of prison is to negotiate a plea deal. In many cases, however, prosecutors are very tough on vehicular homicide cases, and statutory minimums limit the plea deals they can make. However, they may be able to drop charges to less serious ones, especially if it will be difficult for them to prove that the deadly crash was your fault or that your actions were reckless.
Trial
If we cannot arrange a suitable plea deal or you want to fight the charges at trial, we can do so. At trial, we can cross-examine witnesses and evidence and work to undermine the case against you. We can also present our own case.
This often means challenging the prosecution’s claim that you were reckless – something they must prove before they can convict you. If your accident was a freak accident or you were merely negligent instead of reckless, what you did is not a crime, and you should be acquitted.
If they cannot prove every element of the crime beyond a reasonable doubt, your case should end with a not guilty verdict.
Sentencing for Vehicular Homicide in Pennsylvania
In Pennsylvania, judges look at the state’s Sentencing Guidelines to find a range of potential sentences for each crime. They then apply the facts of the case to select an appropriate sentence within that range.
Sentencing Guidelines Applied
Homicide by vehicle under § 3732(a) is a third-degree felony and is listed as having an “Offense Gravity Score” (OGS) of at least 12. The current sentencing tables recommend 9 to 12 months in county jail for this offense.
If certain factors are present, the OGS goes up to 16, indicating 24 to 30 months in state prison or county jail. These enhanced penalties are from additional violations or factors, such as committing the crime without a license, in an active work zone, while texting, etc.
The statute requires at least 5 years in prison for listed enhancements.
Plea Deals for Recommended Sentences
We can also negotiate a plea deal that requires the prosecution to recommend a specific sentence. This cannot get around the mandatory minimum for enhanced offenses. Moreover, neither party can force the judge to use that recommendation.
Ultimately, judges will typically apply recommended sentences when the guidelines and statutes allow it.
Call Our Criminal Defense Lawyers in Pennsylvania Today
For a free case review, call (215) 423-5500 to speak with the Bucks County criminal defense lawyers at Kenny, Burns & McGill today.
