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.
Let’s consider an example. David was driving home one evening after work. It was dark and he was driving along a rural road without many lights, additionally it was raining hard. He was unable to see clearly and hit a fence along the side of the road. David took off, not wanting to get into trouble. However, he was contacted later by the police department regarding an investigation and charges were later filed against David.
David immediately contacted a San Diego Hit and Run lawyer and informed the lawyer that he was going to be questioned. The lawyer immediately prepared for the investigation, accompanied David to the police department and protected David from making any accidental admissions.
The lawyer also immediately contacted the owner of the fence that David damaged and was able to negotiate how to make amends. David was able to pay the owner the amount needed to fix the fence, and the owner was satisfied and felt that full restitution was made. David’s Criminal Defense Lawyer took the initiative to have a civil compromise prepared.
Despite the fact that charges had been filed, David’s lawyer presented the Civil Compromise to prosecutors to demonstrate that David had taken the steps to make restitution and the owner no longer felt that charges were necessary.
A civil compromise, accompanied with skillful negotiation, can help influence a prosecutor’s decision to file charges, or to drop or reduce charges that have already been filed. It is never too early or too late to work towards a reduction or dismissal of charges. However, one thing is for sure; you will need the help of an experienced and knowledgeable legal professional who is able to argue and fight for you so that you give yourself the best possible chances of a great outcome!