Articles Posted in Uncategorized

After you have been arrested for a Hit and Run, it is a good idea to seek the help of a Hit and Run Attorney. Speaking to officers yourself, and trying to alleviate the damage yourself is never a good idea. An experienced attorney handles situations like this on a daily basis. They have knowledge and a reputation with the courts and the different police departments. Trying to handle the matter yourself may cause more trouble, or lead to a sure fire conviction.

There are several reasons why it is best left in the hands of a experienced Hit and Run lawyer.

1. Protection Against Admission

The period of time directly after having been charged with a Hit and Run is extremely crucial to your case. Many people mistakenly take their time in retaining an attorney or seeking legal counsel shortly before their scheduled court date. However, court can oftentimes be completely avoided if you take the proper steps.

A case gets filed only after police officers investigate the incident and then submit a report to prosecutors. Prosecutors review the information and based upon what has been submitted, may a decision on whether it would be a good decision to charge the person who has committed the offense. It naturally follows, that taking care of the problem immediately upon being arrested, could help avoid court all together.

How does an attorney help your case get dismissed? An attorney is familiar with the system and they are familiar with the procedure. An experienced attorney often knows the officers and the prosecutors. Right after an incident, an attorney will contact the injured party and request an estimate of expenses and damages. They will work to mitigate the damages and then prepare what is called a civil compromise. If a civil compromise is presented to officers, and submitted along with the officer’s report to the prosecutor, the prosecutor may be less likely to bring the case, since all damages have been remedied.

Many people mistakenly believe that hiring a Los Angeles DUI Lawyer is a waste of funds and they are able to get the same outcome on their own. This is a completely untrue belief. The Judge may impose the same standard sentence at the end of the case, but a person who is now aware of the law will not know whether it is the best possible option, or whether it should have been pushed to trial.

What are the questions you will need answers to?

At the arraignment the prosecutor will give you an offer. The plea bargain is an offer for a sentence that is generally somewhat lower than the statute, in exchange for a guilty plea that day. You have the right to present evidence and the right to trial. You do not have to enter a plea right away on your own volition. However, doing so will help move your case along and the goal Prosecutors are looking for.

When a person has been charged with a Los Angeles Hit and Run it does not mean that they have been found guilty. It simply means that an officer arrested them on the grounds that there is probable cause to believe that they are guilty of a Hit and Run. A court of law must find them actually guilty beyond a reasonable doubt on all elements of a Hit and Run before they can actually be charged and convicted.

For a person to be convicted the court must find that there is 1) an injury to a person or damage to property, and 2) they fled the scene without providing contact information.

Many times people mistakenly assume that because the accident or injury was not their fault, that they cannot be charged with a hit and run. This is not the case, and regardless of fault, you can, and may, still be charged with a Hit and Run.

The holidays are a time for get togethers, to spend time with family, and lots of celebrations. It is also a time of year when DUI arrests are at an all time high and require drivers to be extra prudent and have a plan for getting home if they are going to be drinking.

It is important to note that even having a drink or two can cause a person to be considered too intoxicated to operate a motor vehicle. The California Vehicle Code states that a person who is over a blood alcohol level of .8 is considered to be too intoxicated to drive.

Attending many different holiday events this time of year can lead people to have more than one drink, but the ever present danger of drinking and driving is still the same concern. If you are going to be attending holiday parties it is wise to have a plan for getting home. Are you going to call a cab? Are you going to spend the night? Or do you have a designated driver going with you?

If you have been stopped by an officer for suspicion of a DUI, that does not mean you have been convicted. You must be tried in a court of law, and found guilty of each element beyond a reasonable doubt. Short of a full trial, the only way you can be charged and convicted is if you enter a plea of guilty.

There are several consequences you may face if you are convicted.

Alcohol Education Classes

There are several ways a Hit and Run charge can potentially be dismissed. However, they require a thorough understanding of the legal system, efficient arguments and sharp negotiation skills. That is why it is highly recommended that a person being charged with a Hit and Run seek the help of a Los Angeles Hit and Run Lawyer.

The first way is to avoid the charge getting filed in the first place. This may be avoided by a Civil Compromise. For there to be a hit and run, there must be injury or a person, or damage to property. If the costs to the victim are reimbursed, it may create leverage to persuade the Prosecutor not to file charges, as all damages have been rectified. The process of Civil Compromise is easier to understand through example.

Danielle is driving home from a bar and has had a few drinks. On her way home she accidentally makes a sharp right turn, and hit a person’s fence. She causes damage to a part of the fence and breaks it. Danielle’s hit and run attorney immediately contacts the home owner and Danielle agrees to pay all costs and expenses for repairing the fence. The homeowner, after all damage has been repaired, agrees to sign a Civil Compromise. The attorney then presents the civil compromise to the Prosecutor in an effort to persuade the state that there is no need to file charges, since there has been no more damage.

Under California Vehicle Code §23152, “it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.”

Most people are familiar with California Vehicle Code §23152 (b) which states that it is “unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”

Due to the fact that most people are familiar with this second part of the code section, there has been a lot of misconceptions on what evidence an officer must have prior to arresting a person for the suspicion of driving under the influence.

When a person has been arrested on suspicion of a criminal offense they are usually experiencing an array of emotions. They are scared, worried and stressed out. All they want is the whole ordeal to be over, including the courtroom appearance and they want their case completed. However, rushing to get a criminal case completed is not necessarily the best decision. A quickly closed case can result in long term consequences that are detrimental to the person being charged.

If you have hired a Criminal Defense attorney, they will appear on your behalf at the Arraignment. The Arraignment is your very first appearance in Criminal Court, before a Criminal Judge. At the Arraignment, the Judge will explain the charges against you, the potential consequences you may face and you will be asked to enter a plea of either guilty, not guilty or no contest.

A legal professional will never enter a guilty plea without your consent, and the court will not accept a guilty plea without having informed you of your rights and you having acknowledged that you understand your rights. If a plea of not guilty is entered at the Arraignment then the case will be set for pre-trial.

When officers stop a driver for suspicion of driving under the influence of alcohol and/or drugs under the California Vehicle Code §23152, they must cross certain hurdles to rightfully arrest someone. They must have reasonable suspicion to pull someone over and administer an alcohol screening test. Only then,can they lawfully arrest someone.

Similarly, a criminal court must also meet certain elements beyond a reasonable doubt before a driver may be found guilty of a DUI. The person must be 1) drivings2) under the influence of alcohol and/or drugs. Therefore, a person MUST be proven to have driven under the influence. If it can be shown thatsthe person that was arrested was never driving while under the influence of alcohol and/or drugs, then the Prosecutor cannot meet all the required elements.

Does this mean that if you are pulled over by the side of the road when officers arrest you, you cannot be charged with a DUI? Not exactly. It is a little more difficult to prove, but if it can be shown that you were under influence at some point while driving, then you can still be charged with a DUI, even if you were pulled over at the time officers stopped you. The best way to demonstrate thissis through examples.