Criminal Defense Blog
If you drive drunk in California and kill four people, you will be sentenced to prison time. If you kill four people while driving drunk in Texas and your family happens to have $450,000 to send you to therapy, you may not have to go to jail at all thanks to the affluenza defense.
The affluenza defense allowed a teen probation for a DUI manslaugher.
A 16-year-old boy from a very rich family in Fort Worth, Texas was speeding in his truck with over three times the legal limit of alcohol in his system after stealing two cases of beer from a store. He lost control of the vehicle and struck and killed four pedestrians. The minor was facing up to 20 years in custody.
However, his defense lawyers came up with a novel defense theory. A psychologist who was called on as an expert defense witness said the boy suffered from affluenza, which means he grew up in a rich family where his parents were too busy arguing to give him the attention he needed.
The judge bought the argument that the defendant needs to go to a Newport Beach treatment center for a year – at the $450,000 expense of his parents – rather than spend time in prison. The minor was sentenced to 10 years of probation.
This result seems ridiculous. In California, a 16-year-old who is convicted of drunk driving faces years in custody. Most any judge will give someone in this situation a lengthy jail sentence. In addition, there will be probation as well as restitution to the victims and their families.
Doesn’t it seem more fitting that this $450,000 go to pay the victims and their families for their tremendous damages? We welcome your thoughts on this issue.
When we represent a client accused of vehicular homicide at Wallin & Klarich, we fight hard to achieve the best possible result for our clients. However, it is extremely unlikely that any judge in California would place an accused on probation because his parents "spoiled him" too much – as it seems is the case here.
The only thing this case seems to prove is if you have the ability to retain an experienced private law firm like Wallin & Klarich, you stand a much better chance of a positive result in your case.
If you are facing criminal charges, call the experienced criminal defense attorneys at Wallin & Klarich immediately. Our attorneys have the skill and knowledge necessary to help you get the best possible outcome in your case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
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