Ryan fell back in his chair, his hand covering his mouth, and Jake said nothing, needing to understand the law.
Hubbard continued, “The purpose of the prison system for an adult is punishment. But in the juvenile system, the purpose is rehabilitation. If you were to tell the D.A. that Ryan was driving, he would be sent to what is called ‘placement,’ a euphemism for juvenile prison.”
Jake began to understand the implications, with a growing sense of dread. If he and Ryan turned themselves in, they would both be sent to prison. Even if they got some sort of plea deal, they would both serve some length of time in prison. Their legal position was even worse than he’d thought, and he’d thought it was awful.
“Most of these placements are up in the mountains, in facilities like Northwestern or Glen Mills. You, Ryan, would live and go to school there with other juvenile offenders. If you told the D.A. that you were driving under the influence, you would be evaluated and treated for substance abuse.”
Ryan recoiled. “I’m not a drug addict. I barely smoke. You can check it, they test us on the team.”
“Nevertheless, in three to six months, Ryan, your case would be reviewed. You would go before a judge, and you would have to show that you’re making good progress. You could conceivably be free in two years, but the system retains supervision of you until age twenty-one. You will have a criminal record.”
Jake tried to imagine the implications. Ryan’s life would be ruined, and Pam would be devastated. She couldn’t even deal with Ryan going to college, how would she deal with him going to prison? She would lose them both at once. She would never forgive Jake for ruining Ryan’s life and for destroying their family. She would divorce him. She would step down from the bench.
Hubbard raised his finger again. “One last point. The DUI. Even if they tested Ryan’s blood for marijuana, or THC metabolites, the D.A. couldn’t prove that he was under the influence at the time of the accident, or that his level was above the statutory minimum, which is .5 nanograms per liter of blood. The DUI charge drops out, which reduces the sentence from ten years to five.”
Jake tried to understand what he was being told. “So by leaving the scene, we evaded the DUI charge.”
“Correct, but they’ll offer you a worse deal. You don’t win, either way. I would advise you, in the strongest possible terms, to enter into a plea deal.” Hubbard glanced at Ryan, who looked numb with shock, pressed back in his chair, his eyes glistening. “If you decide to turn yourself in, that is.”
“What is the best deal you could get us, if we were to turn ourselves in?” Jake asked, reaching out to touch Ryan’s arm.
“The best, I think, is four years for you, and two for your son, with him sentenced as a juvenile.”
“So Ryan would be considered a juvenile?”
“If he goes in with you, there’s a better chance. If he goes in alone, probably not.”
Jake didn’t try to process the information, just to gather more. “Who makes the decision about whether he’s tried as a juvenile or as an adult?”
“The first assistant district attorney, usually. In this case, given the circumstances, the D.A. may weigh in, too.”
“Which way does that cut?”
“My sense is, against you. They would want to avoid any appearance of favoritism.”
“And if I went to the police alone, without Ryan, saying that I was the driver?”
“No, Dad!” Ryan blurted out, stricken. “You can’t, I won’t let you. I’ll go, I’ll call them, I’ll tell them the truth. You won’t be able to stop me. I’ll tell them you lied and I was driving.”
Hubbard answered as if Ryan hadn’t spoken, “Mr. Buckman, your going in alone may not be tenable, if Ryan isn’t going to let you, and in that event, I can’t represent you. I can’t suborn perjury, that is, I can’t ethically sit there and remain quiet while I know you’re lying to the court.”
“Understood.” Jake was about to ask his last question, but Ryan leaned over across the table to Hubbard.
“Mr. Hubbard, what if I went to the police, and let’s say, like, I told them that I borrowed my dad’s car and took it out by myself? In other words, like, that I was alone in the car, and I hit Kathleen. My dad wasn’t in the picture at all. What would they do?”
Jake recoiled, looking over at Ryan. “I wouldn’t let you do that in a million years.”
Hubbard glanced from father to son. “Ryan, your father would have to support the story, and it looks as if he wouldn’t support your story, just as you wouldn’t support his—”
“I absolutely wouldn’t,” Jake shot back. “It wouldn’t work anyway, not with the facts.”
Ryan groaned. “Why not, Dad?”
“Son, the timing wouldn’t work, and the police would be able to figure that out. The accident happened after I picked you up from the movie, which you went to with your friends. The police could figure out that there wasn’t enough time for us to get home and for you to go back out again.”
“But how would the police even know I was with my friends?”
“They’d investigate, Ryan—”
“Even after I go in and tell them what happened?”
“Of course, they don’t just take your word for it.”
Ryan turned to Hubbard for verification. “Is that right? Would the police go talk to my friends, even after I say what happened?”
“Yes, they would.”
“Ugh!” Ryan smacked the table, in frustration.
Jake had a final question, so he addressed Hubbard. “One last thing, of a more practical nature.”
“Certainly.” Hubbard nodded.
“If we didn’t turn ourselves in, what are the odds?”
“What are the odds that you’d get away with it?”
Jake winced at his bluntness. “Yes.”
“I can’t counsel wrongdoing, and I’m not, and I cannot advise you or help you make a decision. I’ll tell you the relevant facts so you can make your own decision. Do you understand the distinction?”
“Yes.”
“The police in this county investigate thoroughly. They have accident-reconstruction specialists work up the scene, check for debris and tire marks, and physical evidence, like DNA.”
Jake felt relieved that Hubbard didn’t go into gory detail, because he could see Ryan fidget in his chair.
“They also knock on doors, talk to the local businesses, check local body shops and auto parts stores. I don’t know if you read the case, but a man was arrested in Upper Darby last week for a hit-and-run, eight months after the fact. Delaware County police tracked him down via a headlamp he ordered to repair the Toyota 4Runner he was driving when he struck the victim.”
Jake didn’t interrupt him, running over a grim checklist in his mind. Burned parka, check. Crashed car, check.
“They also visit local hospitals and doctors. They examine red-light and convenience-store tapes. They post it online and solicit tips. Tips are a major factor in hit-and-runs. In all crime, really. People have a tendency to tell their friends.”
Jake didn’t dare look over at Ryan.
“These things happen rarely in this township, and the local police have expertise, but not experience, unlike places like Coatesville.”
Hubbard paused, in thought. “In addition, it was raining last night, and water on the road prevents skidmarks from forming. Also the accident scene is out of the way. There are no street cameras in its vicinity, only in the corporate center.”
Jake hadn’t told Hubbard that the accident happened on Pike Road, but nobody was kidding anybody at this point.
“By the way, the statute of limitations on leaving the scene is seven years.”
Jake blinked, surprised. “I assumed there was no statute of limitations.”
“No, that’s only for murder. This would be manslaughter, not murder. Do you have any other questions?”
“No, thanks.” Jake understood. Hubbard was telling them that the odds were they wouldn’t get caught.
“No, thank you,” Ryan answered miserably, looking up.
“Well then.” Hubbard pushed back his chair and rose. “I’m sorry for your trouble. Please feel free to call me.”