Los Angeles Criminal Lawyers Blog
Los Angeles County has started a new diversion program that encourages the dismissal of Los Angeles Hit and Run Charges. It has proven to be a very useful tool to many experienced Los Angeles Hit and Run lawyers who are looking to have the cases against their clients dismissed. It has also been beneficial in taking the power out of the hands of the victim to have the charges dropped, and placing it in the hands of the person who has been charged.
To qualify, the charges against you must be that of a misdemeanor. If it is a felony, the case will not qualify for dismissal. Once you have been arrested or cited for a Hit and Run, prosecutors will review your case, just as they generally do. They will look at the evidence, the statements from witnesses and the victim if any, and make a determination as to whether charges will be brought. At this time, under the new legislation, prosecutors will also review whether you case will qualify for a diversion program. If the prosecutors find that you do not qualify, that is not the only option. You can also file a motion with the Court to request that your case be considered under the diversion program.
If you qualify, the court will ask you to complete certain conditions, and enter a plea of guilty, or no contest (nolo contendre). You will then need to complete the conditions. This could be restitution, rehabilitation, fines, or even community service. Once completed to the Court’s satisfaction, the Court will dismiss the charges against you.
Let’s consider an example in detail to help illustrate the concept.
Donny was driving home from work one day and it was raining very hard. It was also very windy making it difficult for Donny to see. He was driving down a two lane highway and got splashed with so much water he could not see through the window. As a result, he swerved off the highway, hitting the fence in front of a home. He was later sent a letter charging him with a Hit and Run.
Donny hired a Los Angeles Hit and Run lawyer who contacted the owner of the fence. The attorney worked out a deal with the fence owner to pay all the costs and expense to have the fence repaired. Donny paid for all costs. The attorney then contacted the fence owner to enter into a civil compromise so that the attorney may use that in court to have the charges against Donny dismissed. However, the fence owner, having received his money, refused to cooperate and respond to the attorney.
In essence, this means that because the fence owner now refused to cooperate, even though Donny made full restitution, it could still mean charges against him. A civil compromise helps reduce the costs completely. However, the Court found that Donny’s case qualified under the new diversion program, and agreed to allow Donny to have the charges dismissed if he showed proof that restitution was in fact made, and he followed up with fines to the court. Donny did so, and had his charges dismissed.
If you are facing a similar situation, do not take a risk on your future, contact a Los Angeles Hit and Run lawyer as soon as possible!