Hi my finance was involved in a hit and run accident he left the scene and then turned himself in around 8 hrs later.He was charged with leaving the scene of an accident and wreckless driving and was sentenced to 4yrs. in prison. He was recently released on parole a year and half later. Now the lawyer for the man he hit wants him to say he was drunk so he can sue the bar he was leaving when the accident happened he had told the cops he had drank a few drinks can he be charged for a dui or an aggravated dui if he says this.in much need of some advice.
You really need to consult with an attorney but lying to the insurance company is FRAUD. Can you say deep shit?
So let me see if I have this straight. The lawyer for the person he hit wants him to lie under oath. Is that right?
The answer is not only no it is hell no. Tell the lawyer if he asks again you will report him to the bar association.
There is no upside here. Don’t do it.
no he had been drinking more than a few but it wasnt really brought up in court cause he pleaded guilty.we dont want the bar to have to pay for his fault and we dont want him to be charged with another crime and sent back to prison after he has already done his time,were worried and confused
Why would he admit to anything? What’s in it for your fiance if they other guy sues the bar? What does your fiance care about that? Why put his neck on the line for that?
well they have sent him a certified letter that he has to appear in front of the lawyers to answer questions we didnt know if he could plead the fifth or what to do
I think what is happening is that the person he hit is suing him. He has no money, so the other person is suggesting he sues the bar (for over serving him) and uses that to pay off the other person.
I agree with you and the other posters. Just say no. In fact, at this point you know you’re working with a skeevy lawyer, on top of saying no, I’d add in “In the future, if you have anything to ask or say to me, please mail it to me on your letterhead and I’ll forward it to my attorney” I’d worry that he might try to come up with something a little trickier without you knowing he’s up to something.
Since we don’t know the circumstances of the case, legal issues are better suited to IMHO than GQ.
Colibri
General Questions Moderator
i guess i am not explaining this correct we are not getting sued the man he hit is trying to sue the bar my finance was leaving from saying yes that they had over served him so they are trying to say its the bars fault. my question is can they use this to go back and charge him with a dui and him be sent back to prison cause they did not charge him with a dui a year and half ago when the accident happened
thanks i am new to this so i didnt know, thanks again
My guess would be that since no sobriety tests were done there’s no way to prove he was DWI. You might want to consult a lawyer or your local bar association on that though.
Also, regarding ‘appear before lawyers.’ Who is asking? Can anyone other then a judge (or arresting officers with the presence of an attorney) force you to answer any questions? Sounds to me like someone is going to try to scare him into admitting he had too much to drink that night and shouldn’t have been on the road. More then likely it’s going to be his ass in a sling, not the bar’s.
thanks
monjb, a little punctuation can go a long way towards making what you’re trying to tell us a lot clearer.
That said, if the victim (the person your fiance hit) was going to sue the bar, why did the victim not sue the bar before now, or implicate them in the case when your fiance was being tried?
Your fiance really needs to talk to a lawyer, or at the VERY LEAST to his parole officer.
I am not a lawyer, or familiar with your specific area or laws, but it sounds like the victim’s lawyer is trying to do something shady to get the victim more money, or to get your fiance back in jail.
If it were me, I would refuse to cooperate until I had spoken to a lawyer.
Edit window ran out…
To reiterate, I think they are going to tell him he must come down to answer some questions about that night in reference to a suit against the bar for over serving. They’ll ask him how much he had to drink, how he was acting, if a bartender should have been able to tell he was drunk, if he thought he was drunk, if a good bartender should have taken away his keys, if he felt he shouldn’t have been on the road (but you didn’t know better you were drunk). All the while, acting like his best friend, out to sue the bar and make lots of money for everyone. A few days later, you’ll be served with suit from the other guy to your fiance, for drinking and driving and the hit and run etc… And it’s all on this here signed affidavit.
Seriously…EVERYTHING from this lawyer, from this point on, must be on his letterhead. Don’t tell him this, but disregard anything not on letterhead, hangup (or ignore) any phone calls. Next, you need to either get yourself a lawyer if you have the money or hike down to the bar association if you don’t and fill them in. It really sounds like the victim found an ambulance chaser (or the ambulance chaser found him) and they’re trying to build a case against your fiance.
Is it just a letter he got from some attorney?
Not a subpoena? summons? court order? other formal process that actually COMPELS some kind of response from him?
no its notarized from a notary public and its says its a subpoena for a deposition
He needs to consult an attorney in his jurisdiction. It sounds like he has been subpoenaed in a civil lawsuit. This may require him to testify if he is not under a criminal indictment. If your fiancee’s lawyer determines that he must testify, the number one rule in the deposition is to tell the truth. Needs a lawyer.
He may want to consult an attorney in his jurisdiction… someone who knows about valid civil process, criminal law, criminal procedure, criminal statutes of limitation, and the 5th Amendment right against self-incrimination and its application in civil cases, among other things. It may be worthwhile even if you pay for a 1 hour consult if not full representation during a deposition. The stakes seem pretty high. I don’t know that half-baked message board opinions are the way to go on this one. I am not his or your attorney nor can I advise you or anyone else about this matter. He should consult his own lawyer.
Thanks, do you think he can be charged with a dui or another charge this long after it has happened?
Thanks for the responses , we are going to consult an attorney first thing in the morning.