topic Re: When Does the Victim Have Rights? in Community Chat

When Does the Victim Have Rights?

wismiss — Mon, 26 Sep 2022 21:10:04 GMT

My ex was killed in a front end auto accident on October 29, 2021, by an uninsured person driving on a suspended license. The other man was driving someone else's 20 year old SUV. My ex had a 2009 Camry Hybrid. I didn't know this but the car had a "black box" (like jet airplanes) and they had to get permission to open it, which I gave them. The State Police reconstruction report says that my ex was 0% negligent. He was not contributorily negligent in any manner, yet THIS PERSON HAS NOT SPENT ONE MINUTE IN JAIL YET. This person has had 42 charges of various kinds since 2005 and has been found guilty of only 16 of the charges. For all I know, he is probably out there driving around. He was to have a jury trial (with a public defender) but the day before the trial he employed his own private attorney, so they continued his case until December so the new attorney could become familiar with the case.

I'm enraged. This man killed someone and it will be fifteen months (unless he can figure out some way to get his trial continued again) before he has to answer for what he did.

When do victims get their rights? This is so difficult for all of who cared about the victim and we need closure.

Re: When Does the Victim Have Rights?

pookie44907 — Mon, 26 Sep 2022 21:11:43 GMT

I don't have any wisdom for you, but I am so sorry for your loss and hope that you get justice.

Re: When Does the Victim Have Rights?

vermint — Mon, 26 Sep 2022 21:13:59 GMT

@wismiss I'm so sorry for your loss. I don't know how that process works, but I don't think it's fair, either. Hope the guy gets what he deserves!

Re: When Does the Victim Have Rights?

meallen616 — Mon, 26 Sep 2022 21:14:06 GMT

@wismiss,

So sorry for your loss...

Re: When Does the Victim Have Rights?

pupwhipped — Mon, 26 Sep 2022 21:25:51 GMT

@wismiss, I'm enraged for you! Although justice has been delayed, hopefully when it does come the punishment will be severe. I am sorry for what you are going through. It is so unfair.

FWIW, never in a million years could I be a defense attorney. Of course I'm glad others can do the job but I could not.

Re: When Does the Victim Have Rights?

Janey2 — Mon, 26 Sep 2022 21:32:48 GMT

There are so many injustices going on right now. A 41 year old killed an 18 year old two weeks ago because he decided he did not like his politics. The 41 year old is walking around, not even in jail. So many incidences like this happening in our backyards.
sorry for your loss, but unfortuneatly you are not the only one.

Re: When Does the Victim Have Rights?

Foxxee — Mon, 26 Sep 2022 21:40:13 GMT

I'm saddened by your story, but not surprised at all. It appears there is no justice for the innocent anymore.

Re: When Does the Victim Have Rights?

phoenixbrd — Mon, 26 Sep 2022 21:42:23 GMT

So sorry....I can certainly understand your rage and frustration. Yes, this is currently a huge problem in our country...that doesn't bring your husband back. So tragic. my heart is with you.💓

Re: When Does the Victim Have Rights?

CrazyDaisy — Mon, 26 Sep 2022 21:43:56 GMT

Violent criminals are being released all the time. Victims have no rights. That is because we are a progressive nation

Re: When Does the Victim Have Rights?

Love4cats — Mon, 26 Sep 2022 21:49:35 GMT

@wismiss wrote:
My ex was killed in a front end auto accident on October 29, 2021, by an uninsured person driving on a suspended license. The other man was driving someone else's 20 year old SUV. My ex had a 2009 Camry Hybrid. I didn't know this but the car had a "black box" (like jet airplanes) and they had to get permission to open it, which I gave them. The State Police reconstruction report says that my ex was 0% negligent. He was not contributorily negligent in any manner, yet THIS PERSON HAS NOT SPENT ONE MINUTE IN JAIL YET. This person has had 42 charges of various kinds since 2005 and has been found guilty of only 16 of the charges. For all I know, he is probably out there driving around. He was to have a jury trial (with a public defender) but the day before the trial he employed his own private attorney, so they continued his case until December so the new attorney could become familiar with the case.

I'm enraged. This man killed someone and it will be fifteen months (unless he can figure out some way to get his trial continued again) before he has to answer for what he did.

When do victims get their rights? This is so difficult for all of who cared about the victim and we need closure.

If you are waiting for justice, there is none. Criminals have ALL the right's and no punishment. Human life mean's nothing anymore.

Re: When Does the Victim Have Rights?

phoenixbrd — Mon, 26 Sep 2022 21:54:58 GMT

@CrazyDaisy currently a regressive nation.

@CrazyDaisy wrote:

Violent criminals are being released all the time. Victims have no rights. That is because we are a progressive nation

Re: When Does the Victim Have Rights?

sunshine45 — Mon, 26 Sep 2022 22:11:55 GMT

the process is not fast and it is not fair, in general.

my father and aunt were killed by a drunk driver and my mom was in and out of the hospital for a year.

the young man who killed them got 18 months in jail....

i am so very sorry for your loss and hope the outcome you desire is different from the one we received.

Re: When Does the Victim Have Rights?

Othereeeen — Mon, 26 Sep 2022 22:29:16 GMT

Sorry for your loss. I too have remained good friends with an ex I parted company with in the 1980's....so I know how hard it must be for you.....

It IS sickening...

Here in my neck of the woods, (rural Western PA)we're waiting for the sentencing of a man who, in his full size van on a February 2021 evening, struck an Amish buggy from behind at high speed and kept on going.

Drove on home, where he told his wife he "thought" he might have hit an Amish buggy. She called the police, where they found him "drinking coffee". He was arrested.

We have Amish here.....this drunk was a local man who presumeably knows this.

Happened at about 630PM. The buggy had a rear light and the traingles in place. Witnesses coming from the other direction saw the buggy pull to the right to allow the van room to pass.

The van hit the rear of the buggy.

Killed the horse, destroyed the buggy, and the Amish driver suffered broken neck vertebrae and other injuries.

The mid 60's year old guy who hit the buggy?

EIGHT previous DWIs.

EIGHT.

He's probably out driving this evening on the same road.

The sentence he can possibly get this time is measured in MONTHS, and he'll probably get time served if he's been in captivity since the accident. Article was not clear.

O well.

Gotta wait til he plows into a minivan full of kindgerfarten students I guess.

Then maybe he could look forward to a year or two in prison.

That it takes SO LONG for criminals to come to trial, much less justice, is what's ridiculous. Makes a mockery of justice.

Re: When Does the Victim Have Rights?

Porcelain — Mon, 26 Sep 2022 23:02:53 GMT

I'm sorry the world lost a good man. We need all the decent folks we can get. We can't afford to lose any of them, so I am sorry for your loss.

We're all equally privileged to be considered innocent until proven guilty in a court of law. This man had enough money to pay bail. That means he will be able to play the legal game. This is just the beginning of the delays.

It's creepy to see skeezy looking young men walking around with ankle monitors on them. I've seen more than I am comfortable with.

With all the terrible drivers out there, repeat traffic offenders, alcoholics, and people who can't afford or don't bother with car insurance, accidents like this are tragically common.

Legal delays are also commonplace. If the big shots get to use them to delay their trials, the regular folks do too. There are some big name individuals right now who are constantly delaying their date with justice. That's what lawyers do for their clients.

Justice delayed doesn't mean justice denied, necessarily. It's natural to be impatient, and I do sympathize, but really we are lucky to have a court system at all.

In many countries, your ex's family wouldn't be important or rich enough to get justice. Nothing would be done for them and they would be on their own to try to get some sort of blood revenge, if that is what they wanted.

Re: When Does the Victim Have Rights?

drizzellla — Mon, 26 Sep 2022 22:36:19 GMT

@wismiss I am so sorry for what you are going through. Wish it were different.

BUT I learned years ago the victim has no rights.

Our car was totaled by and uninsured driver. He also had no license. His car hit our car right at my seat so I was a mess for over a month. He did not even get a ticket. The police said he did not see him driving so he just got to walk away. And walk away he did. He called a friend and left the car in the middle of the boulevard. We were left with a totaled t-boned car and an injured passenger.

I was mugged walking home from the train station after work. The kid threw me into the street head first. Had to have my head sewn back together. A plastic surgeon had to sew my head and face back together. Since it was a plastic surgeon my medical insurance would not cover it. It cost me ALOT of money to get repaired. The police called once. It was 11:30PM. They wanted to know how to classify the incident.

Please take it easy. It will be a long process.

Re: When Does the Victim Have Rights?

qvcfreak — Thu, 29 Sep 2022 22:51:29 GMT

I feel for you @wismiss. My nephew was killed by a drunk driver and his fiancé was in ICU for two weeks, missed the funeral. The lady had 9 prior DWI’s and had never spent any amount of time in jail for those occurrences.

We waited 2 years, she got 8 years for my nephew and 8 for the fiancé but to run concurrently so really she got 8 for both. They usually only serve half the time so she’ll probably be out on parole sometime this coming year.

Good luck, I hope you get some kind of Justice.

Update - My sister received a call from parole board and the lady was denied parole. They said with the high number of DWI's she doesn't show any remorse or any indication she wants to change. She will be released in 2026 when she completes her full 8 years.

Re: When Does the Victim Have Rights?

Cakers3 — Mon, 26 Sep 2022 22:55:34 GMT

@wismiss I also have no words for you except to extend my deepest sympathy for your loss.

Re: When Does the Victim Have Rights?

Cakers3 — Mon, 26 Sep 2022 22:56:25 GMT

@drizzellla I am so sorry for what happened to you. I cannot even being to imagine the suffering.

Re: When Does the Victim Have Rights?

Greeneyedlady21 — Mon, 26 Sep 2022 22:58:42 GMT

@Porcelain wrote:
Legal delays are commonplace. If the big shots get to use them to delay their trials, the regular folks do too. There are some big name individuals right now who are constantly delaying their date with justice. That's what lawyers do for their clients.

Justice delayed doesn't mean justice denied, necessarily. It's natural to be impatient, but really we are lucky to have a court system at all. In many countries, your ex's family wouldn't be important or rich enough to get justice. Nothing would be done for them and they would be on their own to try to get some sort of revenge, if that is what they wanted.

I agree, also in this country most people aren't important or rich enough either to buy their way to justice and/or out of legal trouble.

Re: When Does the Victim Have Rights?

Porcelain — Mon, 26 Sep 2022 23:06:08 GMT

@Greeneyedlady21 wrote:
@Porcelain wrote:
Legal delays are commonplace. If the big shots get to use them to delay their trials, the regular folks do too. There are some big name individuals right now who are constantly delaying their date with justice. That's what lawyers do for their clients.

Justice delayed doesn't mean justice denied, necessarily. It's natural to be impatient, but really we are lucky to have a court system at all. In many countries, your ex's family wouldn't be important or rich enough to get justice. Nothing would be done for them and they would be on their own to try to get some sort of revenge, if that is what they wanted.
I agree, also in this country most people aren't important or rich enough either to buy their way to justice and/or out of legal trouble.

It helps to have lawyers that know how to get the delays.