If you, or a loved one, has been charged with vehicular manslaughter, it can be an incredibly scary situation. A human being has been killed, and you may be facing serious consequences. The courts and the family of the deceased may be hoping for the maximum penalty for your crime, and regardless of the final outcome, it is likely you will spend some time in jail as you await your hearing.
The following article takes a look at the various bail options for different forms of vehicular manslaughter, so you can get an idea of how much you can expect to pay when it comes to posting your bail. Hopefully this helps you assess your situation and minimize the amount of time you spend away from friends and family.
What is Vehicular Manslaughter?
The term “manslaughter” generally refers to a homicide crime in which the perpetrator illegally kills a person. However, this is different from murder, as the crime does not involve “malice aforethought.” This means that the killing is not premeditated and there was no intention to harm the victim. Manslaughter cases often involve criminal negligence or crimes that take place in the heat of the moment.
Although manslaughter laws vary across the United States, in California there are three main types of manslaughter:
Voluntary Manslaughter
Voluntary manslaughter is often referred to as a “heat of passion” crime, in which the perpetrator is provoked and acts thoughtlessly and recklessly. The killing is not planned, but occurs as a result of an impulsive act. For example, a person who discovers their partner has been unfaithful might kill their partner in a sudden rage.
Involuntary Manslaughter
Involuntary manslaughter is defined as an unlawful killing that has occurred without any intention. This may occur as a result of criminal negligence or reckless behavior. For example, giving someone harmful drugs that cause an overdose.
Vehicular Manslaughter
Vehicular manslaughter is a form of involuntary manslaughter, which applies when the defendant was driving a car and caused the death of another person through reckless driving. The victim may be a pedestrian, cyclist, or another driver. Vehicular manslaughter can be subsequently split into three different possible charges, depending on whether the action’s of the perpetrator can be categorized as ordinary negligence, gross negligence, causing a collision for financial gain (such as insurance fraud).
What are the Penalties for Vehicular Manslaughter?
Although it is true that manslaughter is a less serious charge than intentional homicide, it can still come with severe penalties and consequences. A person accused of vehicular manslaughter may find themselves sentenced with a felony and spending time in prison.
The consequences of vehicular manslaughter are of course determined on a case by case basis, and the exact penalty will depend on the perceived severity of the crime in question. In California, a charge of vehicular manslaughter can land the accused with a hefty fine and time in jail.
For a misdemeanor, the accused might expect to spend up to a year in county jail, and/or pay a fine of around $1000. For a more serious felony, the fine could be up to $10,000 and the accused could spend between two and ten years in a state prison.
In addition to these court-imposed penalties, a vehicular manslaughter conviction can have far-reaching consequences on all aspects of your life. As well as being sent to prison, it could also end your career, lose your custody of your children, damage your relationships, and prevent you from being behind the wheel of an automobile ever again.
How Much is Bail for Vehicular Manslaughter?
While awaiting a hearing for a vehicular manslaughter charge, you may be remanded into custody and put into jail. During this time, you, the defendant, are likely to have the option to post bail. This will allow you to be released from custody so you can spend time with your family while you await your hearing.
The cost of bail for vehicular manslaughter will depend on a number of factors, including:
- The severity of the crime
- Your history
- Your perceived flight risk
If the judge deems that you are likely to evade custody if you are released, they will set the bail bond amount higher to keep you behind bars. The same goes if your driving was especially reckless or negligent, as they may raise the amount to prevent you from endangering others further.
Although the precise bail amount is subject to variations and conditions, San Diego’s bails schedule sets the bail for a vehicular manslaughter at the following amounts:
- Vehicular Manslaughter With Gross Negligence: $100,000
- Vehicular Manslaughter Without Gross Negligence: $50,000
What Happens if You Can’t Afford Bail?
Bail is often set to an extremely high amount that makes it difficult for defendants to pay. Coming up with $100,00 for a vehicular manslaughter charge is impossible for many people. If you are struggling or unable to make payment, there are some options available to you:
- Request a lower bail amount via a criminal defense lawyer. This may be a successful strategy if the proposed bail amount is excessive and may place you under financial hardship.
- Put up collateral. If you don;t have the cash funds for bail, you may be able to put up collateral in its place in the form of real estate, a car, or other property of value.
- Use a bail bonds company. This is the most common way for people to pay, as the cost of bail is covered by the bail bonds company, and the defendant is charged a small percentage of the total amount.
Find an Affordable Bail Bonds Solution
At San Diego Bail Bonds, we understand that the cost of bail can take its toll. We are here to help you through your hardship and provide a complete bail bond service to enable you to spend as little time in jail as possible while you await your hearing.
Get in touch to find out more about payment options.