Los Angeles Criminal Lawyers Blog

On May 4, 2012, young actress Amanda Bynes sideswiped a car as she was making her way through Hollywood. Bynes continued to keep driving, even after the hit car signaled for her to pull over. The alleged victims reported the incident to officers who followed in pursuit of Bynes in six squad cars and a police helicopter.

The young starlet has previously been arrested for driving under the influence and has evaded an officer while being cited for driving while using her cell phone. All these incidents added together do not seem to look favorably upon her driving privileges.

The recent incident, however, was not filed as a hit and run. After questioning the young driver, she admitted that she had not even realized she hit a car and therefore had no knowledge of the incident. After surveying the damage done to the alleged victim's car, the officers concluded that the damage was minimal enough that Ms. Bynes could have not been aware of the damage.

California Vehicle Code §20001 and 20002 makes it unlawful for a person to cause damage or injury to another person or another's property without properly leaving contact information in order for the driver to be able to make amends for the injuries or damage caused. California Vehicle Code §20001 describes when a hit and run will be classified as a felony, and California Vehicle Code §20002 defines when it will be a misdemeanor.

In the case of Amanda Bynes, she hit another vehicle, and therefore would be charged under CVC §20002. The statute reads:

"The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists."

The argument made my Ms. Bynes is that she did not know she had been involved in an accident. It is a crucial component in criminal law that the person who is being charged with the crime must have had knowledge, and the requisite intent in some cases, to be charged with the unlawful behavior. If Ms. Bynes was not aware that she had damaged another driver's vehicle, she would not know to stop and make amends or leave the information required by law.

Even before a case was filed against her, not knowing that she was involved in an altercation served as a valuable defense for the actress. If you feel that you were not aware of any damage or injury that you may hae caused and were subsequently charged with a hit and run, you may have a valid defense. Speak to a Los Angeles Hit and Run lawyer as soon as possible so that they can review the facts of your case and assess its strengths and weaknesses. A consultation may make the difference between your case being reduced or dismissed altogether.

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.

Vehicle Code section 20002 requires that all drivers involved in a traffic accident immediately stop their vehicles in exchange drivers licenses, insurance, and registration with other parties involved in the accident. The issue of fault, has no bearing on these requirements of the law.

Anyone, was ever been in accident, knows the intense traumatic, and emotional effects that are common after an accident. The more serious the impact, the greater effects the drivers feel. For whatever reason, parties who have been involved in accidents frequently deny responsibility, even though it was clearly their fault.

Fear of this responsibility, especially for those drivers without insurance, or with less than perfect driving records, or drivers with suspended licenses, have a greater fear about the expense and other corollary responsibilities of being declared a party at fault in an accident.

The courts have seen a steady increase in the amount of hit-and-run cases, where drivers have for whatever reason chosen not to comply with the law, but to leave the scene of an accident without exchanging the legally required information. Whether or not it was a minor scrape as a result of a miscalculation in distance while parking in a mall parking lot, sideswiping a cars door while driving too close to the curb lane, these acts leave angry victims scratching their head for who the responsible, or better yet irresponsible driver was left the scene of an accident without complying with their legal obligations.

Our firm of hit-and-run attorneys specialize in negotiating civil compromises, which are essentially documents which express that the victim has been fully compensated for any losses, and that they are not seeking criminal prosecution. The value of such a document frequently leads to a dismissal of any pending or existing criminal charges..

Clients rarely realize the complexity of negotiations with multiple parties other than just the victim which are required to be satisfied to get the best results once a mistake of this nature has been made. Firstly, once retained, an attorney contacts the police departments that handle the initial hit-and-run claim, and is responsible for finding, or following up with the responsible party causing the accident. Developing a good relationship of trust and cooperation can create an ally with the victim, by setting the stage for trying to make the victim at the by compensating them in a timely fashion for any damages that may have incurred as a result of the accident.

Exercise of this timely strategy of cooperation and remorse goes a long way towards reducing the victim drivers anger over having been left at the scene of the accident. Making contact with the victim to further determine any losses as soon as possible will also foster the victim's cooperation in signing the civil compromise documents which is an essential and critical requirement, and prerequisite for criminal charges to be dismissed or avoided altogether.

An attorneys clear understanding of the psychological strategy of rebuilding trust with the victim driver is critical to changing the perception of your client. Only when the victim feels better, can a foundation be laid for an agreement to fairly compensate the driver for any losses they may have incurred, and ultimately prevent the responsible driver from facing the exposure, expense, and stress of being prosecuted for hit-and-run.

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.

A Hit and Run is a common vehicle code violation in the city of Los Angeles. So common in fact, that not only do local citizens get charged daily, but celebrities do as well.

On April 17, 2010, actress Heather Locklear was traced to a Hit and Run incident that occurred in the early morning hours. According to reports, the actress knocked over a "no parking" sign near her home in Westlake Village. She left without notifying any police officers or reporting the damage. The California Vehicle Code requires that anyone who damages property or causes injury to a person with their vehicle must exchange or attempt to exchange information with the injured party. Ms. Locklear left the scene after causing damage, without attempting to notify authorities or the police department.

Due to the fact that the damage was done to public property, the actress would be required, by law, to notify authorities. When defendants leave the scene without providing required information, officers are generally able to pinpoint the source by conducting an investigation. They will often study paint scraped off a car or dents made and will search for corresponding damage at the scene. Additionally, fragments left behind can be traced to the defendant's vehicle. In the current case, officers conducted an examination of debris left at the scene and were able to trace it back to Ms. Locklear's black 2005 BMW.

Because the only damage was to property, the Melrose Place alum was cited under California Vehicle Code 20002 for a misdemeanor. There is potential for the charge to be reduced with an experienced Los Angeles Attorney who will strongly argue mitigating circumstances. Additionally, an attorney who has successfully argued Hit and Run cases many times will present Ms. Locklear in a positive light and negotiate with prosecution.

Regardless of whether you are a big time celebrity as Ms. Locklear, or an average citizen who has been arrested for a Hit and Run, you want the best possible Criminal Defense attorney to argue on your side. Our firm offers reasonable rates that are affordable to all clients and will work with you to ensure you get the help you need. All reputations are at stake when such an incident occurs, and at our firm we understand your stress and will provide the support and comfort you need.