Charged After a Fatal Crash? Get Answers Before You Answer Questions.

Looking for a fatal crash criminal charges attorney in Miami? This page explains what these charges mean in Florida, what raises the penalties, and how a case usually moves from arrest to resolution. A fatal-crash charge is a criminal case the state brings against a driver. The main charges are vehicular homicide, DUI manslaughter, and leaving the scene of a crash that caused a death. Patrick Wilson Law, PLLC is a Miami criminal defense firm that serves drivers and families across South Florida.

What a Fatal-Crash Criminal Charge Means in Florida

A fatal-crash criminal charge asks whether a driver committed a crime. It does not decide who owes money to whom.

Florida defines vehicular homicide as the killing of a human being caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. The specific details of each crash, from road and weather conditions to the driver’s actions in the moments before impact, can shape how a vehicular homicide charge is approached.

Other charges often come from the same crash:

• DUI manslaughter, which ties to the impaired driving statute, § 316.193.
• Leaving the scene of a crash involving death, covered by § 316.027.
• Driving on a suspended license, covered by § 322.34, when the license was already suspended or revoked.

Facts from a single crash can raise several different questions, and each one deserves a careful review. The charging papers show which ones it claims. Reading them closely is the first real task in any defense. For the bigger picture, see the vehicular homicide overview page.

Penalties and What Raises the Stakes

The prison range comes from the general felony sentencing statute, § 775.082. A fine for a second-degree felony can reach $10,000 under § 775.083.

Several facts can raise the charge:

• A prior conviction.
• Leaving the scene. Willfully leaving the scene of a crash that results in death is a first-degree felony that carries a 4-year mandatory minimum prison term, and the same 4-year minimum applies when the violation is committed while driving under the influence.
• One example is a prior related violation, such as driving under the influence.

A conviction also follows you after the sentence ends. It creates a criminal record. If you hold a health-care license, Florida’s discipline statute lists suspension and permanent revocation as possible penalties, § 456.072. The exact exposure depends on the facts, so the charging papers matter most.

Fatal-Crash Matters Patrick Wilson Law Defends

Patrick Wilson Law handles fatal-crash charges within its criminal defense practice. That covers vehicular homicide, DUI-related crash charges, leaving the scene, and suspended-license charges tied to a crash.

Some clients face extra stakes:

• First-time offenders. One serious incident can put a clean record at risk. Florida courts may stay and withhold adjudication of guilt when the defendant is not likely to reoffend and the ends of justice and the welfare of society do not require that the defendant presently suffer the penalty imposed by law, under § 948.01.
• Licensed professionals. Licensing boards and employers may ask about any charge. The firm reviews licensing risks early, so disclosure decisions are made with a plan.
• Non-citizens. Federal deportation grounds include certain crimes that can make a non-citizen deportable. These questions need review at the start of a case.
• Record relief later. Florida law lets a person petition to expunge a criminal history record in some cases, such as when a charge was dismissed or ended in acquittal, under § 943.0585.

How a Fatal-Crash Criminal Defense Works, Step by Step

A fatal-crash case usually moves through six stages. Each stage has its own decisions and deadlines.

1. First consultation. You describe what happened. Bring the arrest papers, bond paperwork, and any court dates. The lawyer reviews the charges with you and answers your questions.
2. Early case review. The lawyer reviews the crash report, witness statements, and any video. In some fatal or serious-injury crashes, an officer must require a blood test when the officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a person under the influence has caused the death or serious bodily injury. The officer may use reasonable force to get it, under the Florida blood-test statute. Defense counsel can request the results.
3. Arraignment and bond. At the first court appearance, release conditions are set. Conditions can include limits on alcohol use.
4. Discovery and investigation. The defense requests the State’s evidence. That includes crash reconstruction and lab work. Gaps and inconsistencies often show up here.
5. Motions and negotiation. Motions can challenge evidence that was collected or tested the wrong way. Plea talks also happen at this stage.
6. Trial or resolution. If the case does not resolve, the lawyer prepares for trial. Timelines vary with the case and the court calendar.

Early Decisions That Shape a Fatal-Crash Case

The first decisions often matter most. They create the record a prosecutor will read.

Talking to police without a lawyer can create statements that are later used in court. For more on this, read talking to police after a fatal crash.

In the first 48 hours, focus on these steps:

• Say that you want a lawyer before you answer questions.
• Stop posting about the crash, the victim, or your driving.
• Write down your own memory of the crash while it’s fresh. Share it only with your lawyer.
• Keep vehicle, insurance, repair, phone, and dashcam records together. Give copies to counsel.

For the full list, see the first 48 hours after an arrest guide.

Talks with family, friends, or coworkers can be repeated to investigators. Florida’s motor vehicle agency explains the duty to remain at a crash scene in its hit-and-run guidance.

Why Clients Work With Patrick Wilson Law

Patrick David Wilson is the responsible lawyer for this page. The firm’s lawyers include Patrick David Wilson and Sahara Fonseca. Patrick Wilson Law, PLLC is based in Miami and limits its practice to criminal defense. Our team serves clients across Miami-Dade County, Broward County, Fort Lauderdale, the Florida Keys, Kendall, Hialeah, Miami Beach, and Homestead.

Our approach works in three concrete ways:

• We read the charging documents line by line to see exactly which charges are alleged.
• We look at how a conviction could affect a license or immigration status before any plea talks begin.
• We explain each stage in plain language, so you know what comes next.

Questions People Ask About Fatal-Crash Charges

Talk to Patrick Wilson Law About Your Situation

If someone you love was arrested after a crash that killed a person, or if you are the one facing that call, the next few days can feel overwhelming. You don’t have to sort out a fatal-crash charge alone. Call 786-761-1719, leave a message through our contact form, or schedule your free, confidential first consultation. There is no obligation to continue.