Los Angeles Hit and Run Lawyer Blog
Many of our clients ask us if a probation violation is an additional charge on top of their Hit and Run charge, or if it is a part of the Hit and run. Unfortunately, a probation violation is its own offense and can potentially add to your sentence.
In order to fully understand how it works, we can use an example.
Dana is driving home from work on a foggy and rainy evening. She cannot see too far ahead of where she is going. She runs into a fence in someone’s front yard. Tired and scared of what it might do to her insurance, Dana decides to drive away. She goes home, cleans up her car and puts it in the garage. What Dana did not know was that the owner saw the incident occur from his living room window and gave the information to police officers. Police officers come to Dana’s house the next day and arrest her for a hit and run.
Dana hires a Los Angeles Hit and Run Attorney who negotiates her case through a civil compromise. Dana gets a minimal sentence and no jail time. As a part of her sentence, Dana is asked to pay a fine of $1,000 to the court, put on three years probation, make all amends to the owner of the property she damaged, and to complete 10 hours of community service .
Dana makes all amends to the owner of the home, and she completes her community service. However, due to the payment she made to the owner, she is short on funds and does not pay the fine to the court.
Instead of asking the Court for an extension, and consulting with a Hit and Run specialist, she just lets it be thinking that when she has the money she will pay it. The court system picks up on the fact that Dana has not completed her probation, and immediately puts a warrant out for her arrest.
When Dana is stopped by an officer for running a stop sign, she is also arrested due to the warrant that is out for her arrest. She is taken into custody and brought before a Judge. The Judge explains that Dana has not followed the provisions of her probation and has violated the court order and charges her with a probation violation.
The Judge threatens to add jail time to Dana’s previous hit and run charge since she did not honor her end of the deal when the sentence was made. Dana hires a Los Angeles Probation Violation attorney who demonstrates to the Court that Dana followed the order the best she could. She made all amends to the property owner, diligently did her community service and provided proof to the Court as well as the reasons Dana did not pay the fine.
The Judge reluctantly agrees due to Dana’s attorney’s persuasive arguments and evidence and dismissed the charge. If you are in a similar situation, do not take a chance with you future. Make sure you consult with a professional and are prepared to defend yourself!