Many individuals find themselves entangled in hit-and-run cases, often with a cloud of uncertainty and fear hanging over them. The potential consequences of a hit-and-run, depending on the circumstances, can be severe and life-altering. It's crucial to understand that the severity of the case will determine the level of investigation, underscoring the life-altering impact of such incidents.
Starting with the most serious hit-and-run cases where people are killed on the highway, or there's some horrible injury, and the person either leaves their vehicle there or just drives away from the scene of the accident; if the police can get any information about that particular person in that particular scenario, they're going to start looking for them immediately. This involves a thorough investigation, which may include collecting evidence from the scene, interviewing witnesses, and using forensic techniques to identify the perpetrator. Once the perpetrator is identified, the legal process involves filing charges, court appearances, and potential sentencing.
For example, if they get a license plate, they'll be able to track that license plate back to an address. They'll go to that address. Any lead they get when somebody's been killed or if there's a serious accident on the highway, the police will pull out all the stops to try to get their hands on the person who was involved in that particular hit-and-run accident.
I've represented a lot of people in these cases, and it's impressive what the police can do through various techniques to find a person who seriously injured somebody and then left the scene of the accident, in addition to being charged with a felony hit and run with injury under California Vehicle Code 20001.
Property Damage
If, on the other hand, there is only property damage related to a hit-and-run accident — especially in Los Angeles County — the police are not as vigilant in dealing with those particular cases. In other words, they have numerous such cases.
If it's only property damage, that case will usually be assigned to a detective who has jurisdiction over the particular location. Once the detective gets around to it, they'll probably send a letter to the individual who was supposedly involved, depending on the evidence they have. Then, they will attempt to contact that person and see if they can persuade them to admit to being involved in a hit-and-run accident.
Then, they will pass the case along to the City Attorney or District Attorney, depending on which agency has jurisdiction over that particular case, and let them handle it.
One of their primary techniques, particularly in hit-and-run cases involving property damage or other offenses, is that if the person leaves their vehicle at the scene, the police will impound it. They will put a hold on the vehicle so that the individual cannot retrieve it until they speak with the particular police officer; that makes it very difficult because now the person's vehicle is trapped in an impound lot with an evidence hold on it, and they cannot access it.
A lot of times, people don't own their vehicles, and you don't want to just leave it there anyway, so you'd be paying money for a vehicle that you can't get out of the storage impound. In that scenario, you should hire an attorney and let them deal with the police officer to determine how to retrieve your vehicle.
There are instances where providing a statement, under the guidance of your attorney, can be a responsible and cooperative action. It can demonstrate your willingness to assist in the investigation and may expedite the process of getting your vehicle released from impound.
Other times, I've actually stated the client. I will talk to them. I will type up the statement and give it to the police officer so we can retrieve the car. At other times, I have simply told them we're not going to make any statements. Just let us know when the car is available. When you're done with your evidence, please hold on to it so we can retrieve it.
That will usually cost the person some money because the storage fees rack up, and they don't get to use their vehicle. However, sometimes we don't want to meet with the police because we don't want to provide them with any information that might be used to prosecute us for a hit-and-run accident.
Depends on the Severity of the Accident
The step-by-step on hit-and-run accidents, as you can see, kind of depends on how severe the accident was – whether a misdemeanor or felony – if somebody was hurt, and obviously the jurisdiction as well, and how busy that jurisdiction is. The consequences of a hit-and-run incident can be severe, including potential jail time, substantial fines, and a criminal record.
However, the best course of action is to involve an attorney at the earliest possible stage. An experienced attorney can guide you through the legal complexities, help you make informed decisions, and ensure that you handle the hit-and-run case in a way that minimizes the risk of arrest and prosecution, providing you with a sense of reassurance and guidance.
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