Articles Posted in Civil Compromise

Negotiations are everything in a Los Angeles Hit and Run case. They can make the difference between you being convicted, and your case never being filed at all. Why is this the case? Because certain steps can be taken in between the incident having happened, and the filing of the case that can help prevent it from being filed at all. The best person to handle these negotiations is someone who has been doing it for over thirty years, like the Los Angeles Hit and Run lawyers at Hoffman and Associates.

Let’s go through the beginning of a Hit and Run case so that you can better understand what is meant by negotiations.

David is driving home from a friends house on a windy, rainy day. He is having trouble seeing, and ends up hitting a parked car in his neighborhood. It is late at night, and it is raining, so David decides to go home, and address the situation in the morning. The next morning he sleeps through his alarm, and ends up rushing to work. He decides to speak to his neighbor that afternoon. However, his neighbor, not knowing it was David, has already reported the hit and run to authorities and they are investigating the incident and speaking to neighbors. David immediately calls and retains a Los Angeles Hit and Run attorney. The attorney meets David at his local police station, where David gives a statement to officers, letting them know that he was the one that hit the parked car, and his intentions of speaking to his neighbor. With his attorney there, David has been advised what to say and what not to say. When David is going to say something incriminating, or something that should not be said, David is advised by his counsel to remain silent. His counsel knows the officer that is taking the interview. The officer knows that the attorney will work hard to make amends, and takes note that David voluntarily came in, making the officer’s investigation easy and saving the county’s resources.

We get a lot of clients who call that have not yet been contacted by officers for a statement, or for an investigation for a San Diego Hit and Run. These clients always inform us that they are just looking for information, but since officers have not yet contacted them, there is no need to retain an attorney. This is a myth. The work on a Hit and Run case can begin before a case is ever filed. This allows a person to be prepared to speak to officers and to give a statement that could help reduce the charges or even lead to the case not being filed at all.

Let’s consider an example and walk through the steps an experienced San Diego hit and run lawyer would take to help resolve the case.

Dina calls Hoffman and Associates and speaks to one of our experienced lawyers. She was driving home from a holiday party and accidentally hit a parked car in a neighborhood on her way home. She left a note on the windshield, with her contact information, but due to the high winds, the note did not stay. She did not hear from the owner so she believes they did not get her note.

When you have been suspected of committing a San Diego Hit and Run, you will not automatically be charged. Officers will first prepare a report and submit evidence to prosecutors. Prosecutors will then review the case and make a determination as to whether there is ample evidence to file charges.

Whether prosecutors have filed charges or not, should not affect how you treat the case. Oftentimes, there are steps that can be taken to avoid charges altogether if they have not yet been filed. Additionally, there are steps to take that can lead to a dismissal of charges if they have been filed. It is never too late or early to be working towards a dismissal of charges.

One such way to help dismiss charges is through the use of a civil compromise. A civil compromise is prepared by an attorney and is essentially an agreement between a person who has caused injury or damage, and the person who was injured or whose property was damaged. The agreement states that restitution has been made, or amends have been made, and the person who was injured or whose property was damages has been made whole and does not believe charges are necessary.

Unlike many offenses, a Hit and Run charge may be avoided completely if proper steps are taken soon after an arrest has been made.

When you are arrested for a Los Angeles Hit and Run, you have not yet been found guilty. The arresting officer will submit a report to the District Attorney, or City Attorney’s office. The relevant prosecutor will then review the facts and the evidence and will then make a determination if charges will be filed and a case will be started.

There are certain steps that can be taken after a person has been arrested and before formal charges have been brought that could potentially avoid any charges altogether.

An experienced Los Angeles Hit and Run lawyer is well versed in not only the steps to take to give a case the best possible chances of dismissal, but also knows the right people to contact to start the process.

Continue reading ›

Contact Information