Hit and Run

Potential Consequences of a Los Angeles Hit and Run Offense

Published on: March 24, 2016 | Ronald N. Hoffman

To determine the possible consequences of a hit and run offense, you must first determine which Vehicle Code Section the conviction was made under.

It is important to remember that a person has not been convicted until the person has been found guilty or has entered a plea of guilty. If a person has simply been arrested, they are simply being charged and are not convicted. To be convicted of an offense, there must be a trial or a voluntary plea. There can be no sentence issued, unless the person has been convicted.

If a Hit and Run involves injury to a person, the person that has been convicted will be charged under California Vehicle code §20001(b)(1). The statute states that a person who has been found guilty under this section will “be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine”

Elements of a Los Angeles Hit and Run

Published on: March 17, 2016 | Ronald N. Hoffman

In order for a person to be charged and convicted of a Los Angeles Hit and Run, the prosecutor must prove two elements:

There was damage to property, or injury to person
The driver must have made no effort to provide contact information.

The Importance of a Plea Bargain in a Los Angeles Criminal Case

Published on: February 25, 2016 | Ronald N. Hoffman

When you have been arrested or cited for an offense, the citation you receive will state a date and time that you have to appear in Court. That date is the arraignment date. At the arraignment date you will receive a plea bargain from the prosecutor. A plea bargain is a complete offer, and if you agree to the plea bargain you will enter a plea of guilty at the arraignment, concluding your case.

Before you accept a plea bargain there are many things you should take into serious consideration.

Is the offer reasonable?

What if there is no Damage or Injury in my Los Angeles Hit and Run Case?

Published on: February 11, 2016 | Ronald N. Hoffman

If there is no damage or injury and you have been charged with a Hit and Run in Los Angeles, it is highly recommended that you speak to a Los Angeles Hit and Run Lawyer. Under the California Vehicle Code there must be 1) damage to property or injury to person AND 2) no contact information left at the scene or help administered in the case of injury.

In order for a person to be charged and convicted of a Hit and Run, a prosecutor must prove BOTH elements beyond a reasonable doubt. If there is no damage or injury, and you have been charged with a hit and run, it is very likely that prosecutor will not be able to prove their case, and your case may be dismissed. Because there is a strong likelihood that your case will be dismissed, it is important to have a legal professional present the strongest case in your favor.

Let’s consider an example to properly explain this concept. Dana lives in a woodsy area. She is driving home from a friend’s house one night, when it is snowing. She is unable to see very well. As she is driving her car hits something in front of someone’s private property and causes her car to swerve. Scared and afraid of being stuck in a snowstorm, Dana starts heading home. An officer drives by, sees her car in the opposite lane and writes her a citation for hit and run. She is ordered to appear in Court for her Arraignment.

What is a Plea Bargain in a Los Angeles Hit and Run Case?

Published on: January 28, 2016 | Ronald N. Hoffman

If you have been charged with a criminal offense, your first appearance in Court will be the Arraignment. At the arraignment, you will be read your rights, the charges against you and the potential sentence. You will then have the opportunity to speak to the prosecutor and the prosecutor will offer a plea bargain.

A plea bargain is an offer that is supposedly less than the statutory sentence. The hope of prosecutors is that you will accept the lower sentence in hopes of getting a guilty plea and concluding a case. Oftentimes a plea bargain is a good option, but sometimes it is not. Let’s draw out an example so that it is easier to understand.

Donna has been charged with Hit and Run under California Vehicle Code § 20001. She has no prior criminal record. At the arraignment, the Judge reads out the code section, and her rights. The Judge also explains that in accordance with the statute, she may face a potential penalty of up to one year in jail, and/or a fine of $1,000.00 to $10,000.00.

Is Contact Required for a Los Angeles Hit and Run?

Published on: November 12, 2015 | Ronald N. Hoffman

In order to be convicted of a Los Angeles Hit and Run under California Vehicle Code §20001- 20004, Prosecutors must prove beyond a reasonable doubt that 1) there was damage to property and/or injury to person AND 2) the person who caused the damage to property or injury must have fled the scene without leaving any contact information.

Proving one element beyond a reasonable doubt will not be sufficient to find someone guilty of a Hit and Run. For example, let’s say that Danielle was driving home from work one night. She could not see too well due to the foggy and rainy weather, as a result she hit a fence. Danielle immediately stopped and spoke to the owner of the fence about making amends and fixing the damage.

Under this current fact pattern, Danielle cannot be found guilty of a Hit and Run because she stopped and spoke to the owners about making amends. Prosecutors will not be able to demonstrate that Danielle fled the scene , and therefore if Danielle is charged, the charges will have to be dismissed.

Strategies to Avoid Los Angeles Hit and Run Charges

Published on: October 8, 2015 | Ronald N. Hoffman

A person will be charged with a Hit and Run in Los Angeles when they have cause injury or damage to person or property, and fled the scene without leaving contact information. Both of these elements must be present prior to charged being filed. For example, if there was no injury or damage to person or property then there is no Hit and Run, even if the driver left no contact information. Accordingly, if there is damage or injury, and the person left contact information, it is not the criminal charge of Hit and Run.

If there is a Hit and Run, and charges could be filed against a person, there are certain strategies and steps that can be utilized to help alleviate potential charges or severity of consequences. The longer a person’s property sits damaged, or a person remains injured with mounting health bills, the angrier a person will be come and look for retaliation. Let’s consider an example to demonstrate this concept.

The Advantages of Legal Representation in a Los Angeles Hit and Run Case

Published on: September 24, 2015 | Ronald N. Hoffman

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.

Causes Behind a Los Angeles Hit and Run

Published on: September 11, 2015 | Ronald N. Hoffman

What causes people to feel the scene of an accident resulting in a Hit and Run charge?

The overall umbrella is fear. People are scared that they may suffer consequences on varying fields if they do not flee the scene. Some of these issues are minor in nature, and some are much bigger. Either way, being charged with a Hit and Run, especially with injury, is a much worse scenario than those feared by drivers who opt to flee the scene.

Do not want a DUI

Many people flee the scene and do not stay to help administer help or leave contact information because they are driving while intoxicated and are afraid they will get charged with a Los Angeles DUI. If they are caught, and usually the driver is, they will not only be charged with a DUI, if it is within the adequate time period, they will also be charged with a Hit and Run.

Implications of a Los Angeles DUI and Hit and Run

Published on: September 3, 2015 | Ronald N. Hoffman

It is very common for a person to be charged with both a Los Angeles DUI and Hit and Run from the same incident.

If a person is involved in an accident, or property damage and they flee the scene, then they could be charged with a Hit and Run, as well as a DUI if they were intoxicated and operating a vehicle at the time of the accident

What many people do not understand is that a Hit and Run, and a DUI, whether both offenses occur together or separately are a “no fault” offense when it comes to damage or injury. This means that if there is damage to property, and/or injury to a person, it does not matter if it is your fault or not. You will be charged with consideration of the damage or injury.

The reason damage or injury is a significant concern when it comes to a DUI and/or Hit and Run is because it increases your sentence, the charge, and will likely be tried as a felony depending on the specific facts of your case. This becomes increasingly of concern because it will have a major impact on the consequences of your charge, and your future.