Los Angeles Criminal Lawyers Blog

Following a hit and run arrest, a person has two separate windows to negotiate with the government to reduce or have their case dismissed.

When a person has been arrested, the citation and police report are taken and filed with the police station. The officers are then the ones who review the case and turn it over to Prosecutors for filing. It is at the officer's recommendation that the case goes to the courthouse. The Prosecutors then review the case in their office and make the decision of whether they are going to file a case against the defendant.

Many times there are negotiation tools that can be used when speaking to officers that prevent the officers from sending the case to Prosecutors in the first place. This not only helps the person avoid any kind of criminal prosecution, it helps the person avoid the hassle, time and expense of a criminal case being filed against them. It also prevents a conviction from going on their record.

For example, let's consider the case of David. David was driving home and hit a person's fence. Being in a rush, David failed to provide any contact information to the owner of the home and took off. Officer's arrested David after speaking to witnesses, who provided David's license plate number and physical description. David contacted the owners of the home and made amends. He paid for all the damage and saw that it was completed to the satisfaction of the owners.

After all improvements had been made, the owner's of the home signed a civil compromise. A Civil compromise is a document that proves to officers or prosecutors that the victim of an alleged crime has been paid restitution and no longer has any issues with the person who caused the damage or injury. In this situation, the home owner was given restitution, as the damage to the home was fixed, and he no longer felt the need to file charges, since there was nothing left pending.

When a person consults with an experienced Los Angeles Criminal Defense lawyer as soon as possible, the lawyer has time to contact the alleged victim, and execute a civil compromise. The civil compromise is then presented to the officers, before the case is ever sent to prosecutors. If the officer's see that restitution has been paid and the person who was damaged or injured no longer seeks restitution, the officers may be more willing to drop the charges and leave the file on their desk. If the case ends there, there will be nothing further added to the person's criminal record.

It is in your best interest to consult with a professional as soon as possible to avoid prosecution as much as possible. When a case goes to Prosecutor's it may still be dismissed, however, it is better to have the case never reach the Prosecutor's desk if at all possible.

Many of our clients come to us when they have been charged with a California Hit and Run. For a person to be convicted of a Hit and Run, there must be damage to person or property, and there must be a lack of information exchange.

There are often available defenses for a Hit and Run, but any possible defense must be addressed and assessed before the first court date, and early on, in order to have the best possible chances for dismissal or reduction.

One commonly used tool to help dismiss or reduce a Hit and Run case is Civil Compromise. Civil Compromise is an agreement made outside of court between the injured party and the person being charged. The person being called to court will agree to reimburse and make amends to the injured party, and in return, the injured party will agree to not bring charges. This is a method used in Civil Court and will be a valid dismissal before the civil judge. However, while a Civil Compromise may not dismiss a case right away before the Criminal Judge, it will certainly be a powerful argument to help aid in reducing or dismissing the criminal case.

A civil compromise cannot be completed quickly a day or two before a court appearance. It takes time to contact the injured party, make negotiations, make amends, negotiate with Prosecutors and eventually present to the Criminal Judge. Because of the length of time it takes to prepare a strong defense using Civil Compromise, it is important to hire a Los Angeles Hit and Run attorney as soon as possible.

For example, a woman is charged with Hit and Run where she accidentally hit a car, left minimal damage and failed to leave a contact number or information. She was found and arrested by officers, and the damage on the cars matched providing proof that she was the one who had hit the injured party's car. A Criminal Defense attorney will prepare a Civil Compromise with the injured party. They will negotiate the proper costs to fix the vehicle and the woman being charged will pay the total amount of damage. When all payment has been completed and the injured party is satisfied, the attorney will use that as leverage when addressing the criminal case being brought against the woman. This process can take a long time depending on the extent of the damage, the person's ability to pay and the injured parties cooperation.

A Hit and Run can have many consequences on a person's criminal record, their social life as well as their future employment and driving privileges. Seeking the help of an experienced Criminal Defense attorney who has helped dismiss and reduce hundreds of hit and run cases will prove to be very beneficial.

It is a common assumption that there are only a few types of criminal theft cases under the California Penal Code. However, that is not the case. The California Penal Code describes a plethora of actions that could be classified and charged as theft, including fraud cases. One such fraud case, is when a person obtains money through false pretenses.

For example, a recent client of ours misrepresented to people at her college campus that she had an illness and needed funds for medical treatment. In reality, she was healthy but needed to money to pay her tuition bills. She gathered about $3,000 from 20 people.
Her acts constitute a violation of the California Penal Code and would be filed as a felony due to her conduct as well as the increased amount of money she obtained through false pretenses. If someone is convicted of a felony theft case, they will be looking at increased fines as well as some potential jail time.

Fortunately, there are certain methods that an experienced Los Angeles theft attorney will use to have the potential penalties reduced or the case dismissed altogether. One such method is the use of a civil compromise.

A civil compromise is an agreement between the injured party and the person being charged for reimbursement outside of the order of the court. Considering the previous example, the client agreed to pay back to each person what they had paid her under false pretenses. We negotiated with each person to agree to a civil compromise after our client had paid them the money they had lost. Once each client was fully reimbursed, we met with campus officials to explain that each injured party had reimbursed, stressing that we would like that the matter be resolved without involving the criminal courts.

Through proper evidence and some powerful negotiation, the campus agreed to close the matter and not have a criminal case filed with the District Attorney. This saved our client from incurring high fines, potential jail time, and a mark on her permanent record.

When you have been charged with a theft case, whether it is confined to a lesser institution or if it is before the criminal court, it could result in some serious consequences. There are available defenses as well as some options that could be used to mitigate the damages, or to have your case dismissed. A knowledgeable Southern California criminal defense attorney has handled thousands of theft cases, and can discuss with you the proper steps to take in order to assure your case see results that are most favorable to you. Without consulting an expert, you may accept a charge or be convicted of something you could have a strong chance of fighting and having dismissed.

Many of our clients ask us about a letter they receive shortly after having been charged with shoplifting from the merchant. This letter often comes from the store asking for money to be paid in an attempt to recoup their losses.

Under California Penal Code §490 (b) and (c) the merchant who has allegedly been stolen from has the right to seek civil remedies against the person. They may demand anywhere between $50 to $500 in civil liability, as well as the cost of the item stolen. However, there must be a loss. If the item stolen was recovered, then the merchant has no right to seek compensation for the losses, since the item was returned.

The Civil Demand letter is something is concerned with Civil liability, not criminal. If there are any issues or debate over the amount being asked for, or liability itself, it is a matter for civil court. Civil court is a matter between the injured party and the one being accused, whereas criminal court is a matter between the state government and the person being accused.

Even if a civil demand letter is sent, and the all losses have been compensated, the criminal judge and prosecutors may still bring a case. The merchant may cooperate and sign a civil compromise allowing for the Criminal Defense Attorney to present it in criminal court to demonstrate that all costs have been reimbursed. This is not a guarantee that the criminal case will be dismissed, but will help make a strong argument towards dismissal.

An experienced Los Angeles Criminal Defense attorney knows not only how to get a civil compromise completed, but can present it in court in a manner that gives you the best change to have your case dismissed. A powerful argument and well prepared defense can give a case the best possible chance to be dropped and making sure a criminal record is kept clean.

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.

It is often believed that the victim is the one bringing charges against a defendant in cases that involve another party such as assault, vandalism and hit and run. It is further believed that if restitution has been paid to the victim, the charges will be dropped. This however, is not the case. The vitcim's position will be considered but it will not determine whether or not the charges are dropped. The victim is not the one that brings charges against a defendant, it is the state of California.

The crime is brought by the state of California, because it is a violation of California law. When a defendant is charged, they are being charged for having violated a California statute independent of whether the victim has been compensated or not. The state will generally not drop the case because they do not want a crime to go unpunished. Courts have a predisposition to protect the victim and to set an example for others who commit a similar crime.

Although a victim who has been given restitution and does not wish to press charges may not result in defendant's case to be dropped, there are steps that can be taken to reduce the charges or possibly drop them completely. An experienced California Defense attorney who knows the Prosecutor will be able to present a strong case that presents the defendant in the most favorable light. The attorney's goal would be to get the prosecutor to accept a civil compromise in which the victim requests to drop the criminal prosecution since they have been fully compensated for any damages. With the civil compromise supported by letters from friends and family attesting to the defendant's strong character, there will be a strong case in the defendant's favor. Preparing the case and defense takes time and hard work, which will be no challenge for an attorney who has been doing similar cases for over thirty years.