A Los Angeles Hit and Run is a unique charge, because if properly handled by a Los Angeles Criminal Defense Attorney, your case may not be filed at all.
In order to understand how a legal professional can prevent your case from being filed, it is important to understand the process and how it works. When an alleged hit and run has occurred, officers will serve the driver with a citation that states a court date and location. This does not mean that a case has been filed.
An officer’s task is investigative. The officer will provide observations in a police report and pass the case along to Prosecutors. It is simply their job to function as the investigative unit. To provide the facts as they happened. They do not decide whether the case will get filed and whether a person will be charged with a Hit and Run.
After the investigative portion is completed, the case gets passed to the Prosecutors office. The Prosecutor then reviews the facts and makes a determination whether it is a case that will be filed. If the case is filed, the alleged perpetrator of the Hit and Run will be notified and will be asked to appear before the Court. If the case is not filed, the alleged driver of the Hit and Run will be notified that the state of California has determined not to file charges.
An experienced attorney will work diligently to get a civil compromise completed so that it weigh heavily in favor of a Prosecutor to refrain from filing charges. A civil compromise is an agreement to make amends between the person potentially being charged with a Hit and Run, and the person who has suffered damage to property or injury. If amends have been made, and a plan for restitution is agreed to, then it may convince a Prosecutor that there is no need to file charges.
It is important that a civil compromise be executed quickly and efficiently before the case is decided by a Prosecutor. Getting a civil compromise and bringing it to the attention of the Prosecutor may be difficult. Prosecutor’s generally do not speak readily to someone who is not a lawyer. It makes it easier to get a hold of the Prosecutor if you know when and where to call, and if they know who you are. This can be easily accomplished by a lawyer.
It is incredibly useful for a person who is facing Hit and Run charges to hire an attorney right away. A attorney who knows the courtroom, the Prosecutors and the law, can work diligently to try to avoid the charge before the person finds themselves facing Hit and Run charges in court.