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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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what can i do if i want send to the jail person who kill my

Customer Question

what can i do if i want send to the jail person who kill my fiance in car accident?
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

Hello!


The situations is: my fiance had Christmas party in him job, where happened accident and he was send in front of the bilding to wait for ambulance to show where to go. But we suppose that tha ambulance late and he go on the road , stop some car - I am sure on 99% to want help, but the car go, he go back on the pavement, see another car and go on the middle of the road the 70 years old women hit and kill him, suppose to driving with around 30-35 miles. What I can do to claim for prossecution and see this women arrested or in the jail not stay at home now after kill my fiance?

Expert:  Alice H replied 2 years ago.
Thanks for the information. I am very sorry to hear about this incident.

In Scotland the police decide if a person should be arrested for a criminal offence. The procurator fiscsal then decides if that person should go to Court. Even if a person is arrested and charged it does not automatically mean they will go to jail - they could be released on bail until the end of the case.

There are two offences which a person could be prosecuted for: death by careless driving and death by dangerous driving. These are very serious offences which could result in prison sentences if a person is found guilty.

If you want to take action you must press the police to investigate this incident further. I'm afraid it could take a few weeks before they finish their investigation - sometimes they have to speak with many witnesses and obtain CCTV, if available. Also the police have to prepare a report for the procurator fiscal and wait for a response before deciding what action to take.

So, in summary, you must speak to the police. You cannot arrest someone and put them in jail. Only the police and the Courts can do this if there is evidence against the driver.

Alex
Customer: replied 2 years ago.

Alex,


is there any option to find my own lawyer and do independent investigation until the procurator receive a report from police?We already know what is the reason for death after the autopsy-hit to the head.IF i can take my own lawyer when the investigation starts?Do you know any lawyer agency to recommend.Thank you!

Expert:  Alice H replied 2 years ago.
Hi,

You can conduct your own investigation. But if you do so you will have to pay the lawyer yourself and this could be quite expensive.

Any information you gather can be sent to the procurator who will decide whether to use the information or not.

Unfortunately I cannot recommend anybody as I do not know any law firms in Scotland well enough who do this work. But if you contact the Law Society of Scotland they will be able to recommend suitable firms in your area.

Here is their contact details:

http://www.lawscot.org.uk

Regards

Alex
Customer: replied 2 years ago.

THANKS A LOT FOR NOW!

Expert:  Alice H replied 2 years ago.
No problem. I wish you well with this.

Alex
Customer: replied 2 years ago.

I just want know am I registered now already and will pay the fees every month or I will be registered if I finish the forms and choise the plan which I want?


Thanks again a lot for the help!

Expert:  Alice H replied 2 years ago.
You can have it monthly or just one off.

Alex
Expert:  Alice H replied 2 years ago.
Thank you very much for using our service. Please remember to rate my answer. I am happy to answer follow up questions for free.

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