Los Angeles Criminal Lawyers Blog

The law requires that anyone involved in a traffic accident, regardless of fault, stop at the scene and exchange drivers license, registration and insurance information with the other party. This legal requirement is true, whether or not you feel you were at fault. This criminal offense can either be a misdemeanor, or a felony, should serious injury occur to the other party.

If you, or someone you know has left the scene of an accident without complying with the above legal requirements then it is essential to seek the advice and counsel of an experienced hit-and-run attorney. A careful analysis of the specific facts of the accident, including the relative extent of damage to both parties, the cooperative or uncooperative nature of the drivers conduct subsequent to the accident and the parties insurance coverage, or lack thereof.

Additionally, it is important to determine whether the accident involved property damage only, or did any of the parties suffer any injury whether minor or severe. The degree of the injury can significantly impact the attitude and willingness of traffic detectives as to the direction they wish to proceed. A non-injury accident is clearly easier to work out a civil compromise, or reimbursement with the victim or other party by compensating their out-of-pocket damages. A minor property damage only accident, like hiting a parked car, presents a better scenario for the police to be more amenable to accepting restitution to the victim without referring the case to the prosecutor for criminal proceedings.

These two scenarios are both well served by our clients full cooperation, in taking full responsibility for their mistake in leaving, as well as having insurance, or the ability to compensate the other party for their expenses including property damage, Rent-A-Car, and sometimes even loss of earnings.

Accidents involving injuries cover a wide spectrum. Injuries can range from minor soft tissue injuries including a sore back or neck, to multiple fractures of the major bones and internal injuries. These felony caliber potential charges require meticulous care in navigating whether to waive their constitutional right to remain silent, and provide a statement, or remain silent.

Recently our firm represented a driver who had minor contact with a pedestrian and knocked them down. Although the client stopped and got out of their car, they got scared and left without exchanging information. Fortunately, the injury was very minor and we advised the client to cooperate with the police department by admitting it was their car involved in the accident, because their license plate and description of the car had been provided by witnesses. We deemed it advisable not to make any further statements incriminating our clients as a driver.

This strategic approach was specifically designed to protect our client from fully incriminating himself, but yet was viewed by the police as being cooperative.

Anyone who has ever watched a courtroom drama unfold on television has often come away with the impression that the judge is the most powerful and influential player in the ultimate outcome of a DUI or other Criminal case. Nothing could be further from the truth.

In reality, it is not the judge, but the prosecutor who in most circumstances can make a significant difference between whether a case is successfully resolved through a plea bargain. Every defendant, or person charged with a DUI or Criminal charge has a choice to either work out a negotiated settlement, or have their day in court by exercising their constitutional right to have a jury trial.

In a typical case, a person is represented by an experienced Los Angeles Criminal Defense attorney who reviews all of the evidence contained in the arrest reports with his client, both evaluating all of the positive evidence in his client's defense, as well as considering all negative evidence and witnesses against his client. Once this has been done, one must evaluate its clients story, which includes all exculpatory evidence and witnesses which can show the factual weaknesses in the prosecutor's case.

The relative credibility, or believability of all percipient witnesses must be taken into consideration as a backdrop for examining all evidence being offered, as well as statements of witnesses, which often include friends of the defendant, and police officers. This analysis, in the central to determine the advisability of being found not guilty should a jury trial be desired. A clients prior record of convictions can strongly affect any potential outcome.

Should the client determine that a trial is not in their best interest, then an attorney's role shifts to negotiating a successful and favorable plea bargain with the prosecutor. In most high-volume Los Angeles courtrooms, with hundreds of cases each day, it is easy for a prosecutor to view his cases as nothing more than case numbers, rather than real people.

It is the most important job of your attorney to present not only every piece of favorable evidence, but to present as much strong and documented information to the prosecutor, to demonstrate your clients good record, the out of character nature of the alleged charge, strong work history and lack of prior bad acts, to personalize the way your clients appears.

The legal term for this process is called mitigation. This refers to changing the perception of the prosecutor by showing all of the positive qualities of your clients as set forth above, as well as any efforts your client has made recently, towards addressing the issues which got him in trouble, including all efforts expended towards rehabilitation, and raising the clients awareness to reduce the possibility of reoffending.

Therefore, changing the prosecutor's perception of how he feels about your client on paper, is critical to negotiating a result that is the most favorable outcome possible, based upon the facts and evidence being used against your client.

Your attorneys strong relationship, and years of experience negotiating with the prosecutor can make all the difference in the world in the ultimate results of what the prosecutor is seeking. Unlike television, the judge does not have the power or authority to negotiate a plea bargain, without the prosecutors agreement. A great majority of Los Angeles charges are resolved through the valuable negotiation of defense lawyers on their client's behalf. This process, protects the clients from the large amount of exposure to jail time, as well as other penalties should the client be found guilty at trial. Knowing, and understanding the power of the prosecutor in a courtroom setting, has been a huge benefits to keeping our client out of jail, as well as being convicted of many serious charges.

It is essential to effectively and successfully navigate the complicated waters of the Los Angeles and San Diego County juvenile Court system that one understands the forces that influence judicial rulings as well as court procedures and the extreme power and control of each counties probation department.

Both of these counties are faced today with excessive caseloads each day, budget cutbacks by the county resulting in fewer public defenders trying to adequately represent large caseloads of clients each day. This translates into a few short minutes to understand each case and advocate a solution through negotiation with the prosecutor. This less than thorough representation reduces clients cases to numbers instead of clients. Here lies the challenge of minors being represented by public defenders or court-appointed attorneys.

When your son or daughter has been arrested and charged with a misdemeanor or felony criminal offense, it is imperative that their rights are properly protected under the Constitution, and they are afforded competent legal representation caring enough to become familiar not only with the prosecution's case as set forth in the police report, but a complete understanding of the minors side. Any defenses and witnesses that can serve as a basis for a favorable result, if not a complete dismissal must be carefully reviewed.

A very worthwhile alternative to just appearing in court and accepting a public defender or court-appointed lawyer, is to seek out private legal representation and advice. Fees must be paid to an attorney, but the value is often worth it. When you hire a Southern California Criminal Defense attorney with extensive juvenile criminal defense experience, you're minor son or daughter will be protected by the lawyer, by carefully scrutinizing the strengths and weaknesses of the prosecutor's case, and will seek both charge and sentence reductions, and maybe even a complete dismissal in an appropriate case.

You are not sharing your attorney with many other clients who have cases the same morning as you. Working out an excellent solution for you is the most important thing in the attorney's representation of his client. Quite often, the level of specialization and experience found in Los Angeles and San Diego County juvenile attorneys far exceeds that provided by the juvenile court.

Our firm has represented clients in Los Angeles and San Diego juvenile courts for many years. We are familiar with the unique procedures which requires an attorney to use his skill and expertise in minimizing the potential consequences that a juvenile courts criminal conviction can have upon the minors freedom and otherwise good record.

When a person is asked by the Court to appear on a certain date, it is extremely important that they adhere to the request. If it is absolutely implausible for them to be able to make the scheduled hearing, they must take steps to inform the court or to change the date.

When the scheduled appearance is missed, a Bench Warrant is issued on the person who failed to appear. A Bench Warrant is an order made by the Judge that allows law enforcement to pick up the person and bring them before the Judge to explain their failure to appear. This allows police to bring you into court if you are pulled over for any routine stop, and give them the right to come to your house and take you to court.

A failure to appear can become a serious issue, if not taken care of right away. It not only gives off a negative impression of a person, but also causes unnecessary hassle in your life.

A Bench Warrant may be cleared by appearing before the Judge and explaining the reasons as to why the person charged was unable to make it to court for the scheduled appearance. If the Judge is satisfied with the explanation, he or she may recall the warrant. This means that there is no longer an order allowing officers to take you into court.

An Experienced Los Angeles Criminal Defense attorney can appear on behalf of a person to recall a Bench Warrant. With a powerful argument, paired with some strong evidence, a Judge, in many cases, recalls a warrant without hassle. By presenting a person in a positive light and a productive member of society, the Judge sees the person as more than just another case. That is the goal for each and every one of our clients at Hoffman and Associates.