Articles Posted in Hit and Run

After an alleged San Diego Hit and Run, officers may contact you, or you may contact them . They may ask you to give a statement, but that could be used against you to file charges. Many of our clients contact us to determine whether they will be arrested, and to get more information.

If you have fled the scene of an alleged Hit and Run, you will likely have no information  as to whether there was even injury, and if there was the extent of it, or if there was damage to property. You would not know how many people were involved or the cost of damage. This is why a San Diego Hit and Run attorney is useful.

An attorney can call the police department on your behalf. This ensures that you don’t make any statements on your own that could be held against you, or that may provide possible evidence against you for a Hit and Run.

Many of our clients mistakenly believe that when they have been arrested they have also been charged. This is not the case. If you have been arrested for a Los Angeles criminal offense, you have not been charged. The common belief is that the arresting officers are the ones that charge you with a criminal offense, but it is actually the prosecutor that makes charges.

When you are arrested, it is only on the basis that there is probable cause that you have committed a criminal offense. The officers will give you a Notice to Appear at the time of your arrest. This Notice to Appear will have a date and a courthouse at which you will be required to appear. This appearance is mandatory, not voluntary so you must be present. If you hire a Los Angeles Criminal Defense Attorney, the attorney may appear for you in most cases.  In that case, you will not have to be present in Court.

Being issued a Notice to Appear that requires you to appear in Court also does not mean you have been charged. Many times we appear in Court on the Notice to Appear date and no charges have been filed. This does not necessarily mean that the case has been dismissed, charges may be filed later.

Many of our clients come to us prior to having been arrested and are concerns as to how they can avoid charges, or at least mitigate the consequences. There are definitely ways to do so, but it has to be handled with expertise and care .

The very first step you can take to help ensure that any actions you take are helpful to you and your case is to hire a Los Angeles Hit and Run lawyer as soon as possible. Not only will the attorney provide you with the knowledgeable and experienced guidance that you need, but they will immediately start taking steps to work on your case and gather information.

If you think that you may be charged with a Los Angeles Hit and Run, you have no information. If you believe you caused injury to someone or caused damage to property and fled the scene, it is likely that you have no information as to what may have happened thereafter. You have no information as to whether a person was injured, whether there was damage, what the person’s name was, whether they had insurance, etc. That is where the attorney is an asset to your case.

As stated in Part One of this blog, when you have been arrested, it does not mean that you have been convicted. It is not until you enter a plea of guilty, or are found guilty beyond a reasonable doubt at trial, that you are convicted. Only after you are convicted you can be sentenced.

In issuing a sentence the Court will consider the specific facts of the case and the person’s criminal history. In making a determination, both the prosecutor and the Los Angeles Hit and Run attorney will have the opportunity to present evidence and testimony to make an argument in their favor.

California Vehicle Code §20003 outlines a Hit and Run in which there is injury to person. The statute outlines as follows in regards to sentencing:

If you have committed a Hit and Run, there are several ways the police department will contact you. A Hit and Run is a vehicle code violation under VC §20002 and 20003. In order to have committed a Hit and Run, you must have caused damage to property or injury to person, and fled the scene without leaving information. Just because you are contacted by the police department regarding a potential Hit and Run, it does not mean you are guilty, or have been charged. That will be determined thereafter.

Officers may contact you in one of three ways. The method is unique to each county and to each department. There are no uniform code sections or authority that require one specific method be used.

1. Letter

If a person has been arrested for suspicion of a Los Angeles Hit and Run, they may be charged under one of two different vehicle codes: California Vehicle Code §20002 or California Vehicle code §20003. One section deals with damage to property, and one injury to person. Each requires its own set of requirements by a person who has caused damage or injury.If a person has not taken the steps as dictated under each statute, they may be charged with a Hit and Run and tried in Court.

California Vehicle Code §20002 requires a “driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person to immediately stop the vehicle at the scene of the accident. The person must also give the following information to any traffic or police officer at the scene of the accident:

1.       Give his or her name, current residence address, the names and current residence addresses of any occupant of the driver’s vehicle injured in the accident