I have a legal type question about arraignments

[jessica31876]

The guy who caused the car accident in July has been charged with the ACCIDENT in CIVIL TRAFFIC COURT! There is a fine listed of 164 dollars. It says lower down that there is a mandatory appearance and arraignment scheduled for December 22nd. Does that mean the criminal charges will be done then? Does it mean he is not being charged? I do not understand why they would issue a ticket first and not file the charges officially if he is going to be charged. It has me worried because the case is listed under a civil traffic infraction and all he was charged with was failure to follow traffic signals (running a red light). I know him going to jail will not make it right but it is really upsetting to think he will only pay a fine of 164 dollars for what he did. Getting ahold of the detective that was on the case is next to impossible. I waited a week for him to call me the last time I tried to call him. Also are arraignments open to the public? Who would I need to call to find that out? I am so upset tonight because I just found this out randomly checking the public records website. We were not even notified of any of it.

[carriesmom]

Not sure how your state does it. But I would call the prosecutor that would be handling the case to find out about potential criminal charges. Sometimes the civil ticket will move faster than the criminal matter because they get citing immediate at the scene but criminal has to wait for the filing of charges. And generally yes they are open to the public but not a lot happens at an arraignment in most cases. An arraignment is usually where a defendant is told specifically what the charges are against them, they enter an initial plea (almost always not guilty), and then release conditions are set.

But you would need to contact the person potentially prosecuting the case to get specific answers.

[taracotta7]

I would get an attorney involved. It sounds like it is just a traffic violation. He will probably go in and plea no contest and pay his fine. That way if there is ever a civil suit from your family, he has not admitted guilt. That is just what I would assume he was advised to do by his attorney (either private or public defender). I am not an attorney but my husband is a police officer and he said this is what he has seen more often than not. He said it takes A LOT to be charged with vehicular homicide or negligence.

Traffic court is public in our state. I don't know if you would be able to say anything on behalf of your side though.

((HUGS)) I just hate that you are dealing with this. My heart breaks for your family.

[jessica31876]

it took five months just to file the ticket charging him for the accident. His arraignment is scheduled actually on the five month anniversary. It does not list who the attorney is handling it. Just says state of florida against the guy. I have only talked to the detective twice now once immediately after the accident and then once last month. I have tried to contact him a few other times but he never returned my calls. So I should call the office for the prosecuting attorney? That would be the states attorney office for my county I assume? Is it normal to not be notified of any of this?

[carriesmom]

At this early stage, it can be normal not to be contacted. I would check to see if there is a victim's advocate office for your county. They can be very helpful.

[jessica31876]

Im also wondering what if the guy just does not show up? If he is being charged they would order a warrant at that point? It says mandatory appearance on the info on the records site. I am so frustrated at this point because I have talked to a couple police officers and paramedics and they all told me anytime a fatality is involved in an accident they are supposed to test for drugs/alcohol but the detective told us he did not do it and he is not required to either so I do not know what is true/what is not true

[Ginger_79]

Jessica, I only know the German law system, but I suspect it might be similiar in this case. Here he would indeed only be charged for a traffic law violation. Because for the state that's exactely what he did. He ran over a red light. As that's the law he broke, the traffic court would have to deal with it. Here fines and times you will be without your liscence do depend on how bad the outcome was. Not sure that's the case in your state?

In order to get him to "pay" for the damage he did to your family, you would need to suit him at a civil right court. Here in some cases these things can be combined, then the state is the first party and the family is the second party against him in a trial. But from your words I suspect, your family hasn't officially suit him yet? Because then this likely won't be the case. I strongly suggest you to get legal support, if you are considering it. Your lawer will probably be able to tell you, what is the best approach.