Morales & Besa Pro Bono team successfully defend client in criminal negligence case

May 25, 2016

In January of this year, our Pro Bono team defended a 31 year old woman, who was driving on Santa Rosa Avenue at 16:00 working as a door to door saleswoman, when suddenly a cyclist crossed into her lane causing a colision. Sadly, the cyclist died a few days later and the woman, being the sole breadwinner and supporter of her parents and siblings, required the help of a lawyer.

Our job was to provide background and meet with the prosecutor to defend the theory of the case that unfortunately this accident was caused by the negligence of the cyclist, a strategy that gave full results. Once our theory of the case was exposed, the public prosecutor decided to archive the background, and we asked for a dismissal in accordance with Article 250 letter a) of the Criminal Procedure Code, that is, the facts do not constituite an offense, an issue which the Tribunal de Garantía de Puente Alto agreed with.

Courts are averse to declare a final dismissal, because this is tantamount to be absolved without going through a trial. Consequently, before the trial innocence must be well established, with no doubts. Moreover, the prosecutors prefer to complete these procedures by an alternative output conditional suspension of proceedings for a period of one year. In this case, our strong defense allowed the case to be dismissed, both for criminal liability and also in the event that she may have to face civil actions for these events.

The team at Morales & Besa was led by Rebeca Zamora.