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Can hit and run charges be dropped? & What type of a crime is a hit and run?

Can hit and run charges be dropped? & What type of a crime is a hit and run?

A hit and run is a crime that is pressed against drivers that leave the scene of an accident. According to statistics, more than 700,000 hit-and-run accidents occur here in the USA yearly.

If you are the driver who is being accused of fleeing the scene of an accident, your most likely charges will be either a felony hit and run, or at minimum a misdemeanor. 

In the worst-case scenario, you may spend more than 25 years behind bars, on top of paying fines between $25,000-$50,000 just because you left the scene of an accident without fulfilling your legal obligations as a driver.

So, can this serious crime be dropped or thrown out of court? what should you do to have a hit and run crime you accused of to be dismissed?

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well, Hit and run is a criminal act where a person causes a traffic collision and fails to stop at the scene. The type of crime and penalties vary by jurisdiction.

And more to that, Hit and run charges can be dropped, but it depends on the specific circumstances of the case. It is important to talk to an experienced criminal defense attorney as soon as possible.

But is that all you need to know? I guess not. You should read further and discover how clever guys get this serious life-threatening offense dropped! ready, let’s dive deeper now.

Page Contents

What type of a crime is a hit and run?

According to traffic regulations here in the USA, as a driver, you must stop at the scene of an accident and fulfill the following legal obligations.

1. Exchange information. The other driver has a right to know who you are, your location, contact, and other personal information. You must also share your car license plate number and registration.

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At the same time, the other driver(s) that are party to the accident have a right to know about your insurance coverage, policies held, and insurance company.

2. Report the accident to police. It’s against the law to get involved in an accident and fail to report the crash to the police. 

In some states, only crashes of specific gravity should reported whereas others require you to report the accident irrespective being minor or severe.

3. Render help to the injured. It’s a driver’s duty of care to extend help to the injured car accident victims. The law heavily punishes drivers who leave the scene without helping the injured.

Can hit and run charges be dropped? 

Yes. a hit-and-run charge can be dropped. But, this depends on the circumstances of the hit and run accident and how best you prepare your defenses.

To dismiss a hit and run case, there are several strategies that can be employed. Here are seven ways a hit-and-run case can be dismissed:

1. Civil compromise. In some states, a hit-and-run charge can be dropped if there are civil claim compromises. Compensating the hit and run victim earlier on in most cases could save you from facing criminal charges.

2. Accident reconstruction and eyewitness interview. These will let you off the hook once they prove otherwise. 

3. Fight for Dismissal through Civil Compromise. Hope you guys know that 2 of the consequences of leaving the scene of an accident are both criminal and civil proceedings. You could have the criminal charges dropped if you, the judge, and the victim come to a compromise.

4. Pursuade the prosecutor. The criminal charges of a hit and run will be dropped if you and your lawyer manage to convince the prosecutor that he/she can’t prove the case beyond a reasonable doubt.

5. Gather evidence. Gathering evidence at the scene like photos, eyewitness statements, and footage could help you prove your innocence. This may cause the case to be dismissed.

6. Avoid mistakes. Many people make mistakes in the early stages of the hit-and-run crime. For instance, you should hire a criminal defense lawyer soon after getting a letter from police or a notice from the court.

7. Avoid hit-and-run convictions. The ultimate goal of defending a hit and run crime is to avoid getting convicted. This means no criminal record, no fines, and no license suspension

Recommended reading: When Does a Fatal Car Accident Qualify for a Wrongful Death Lawsuit?

In short, Hit and run charges can potentially be dropped with the help of an experienced attorney, depending on the specific circumstances of the case. Consultation with a defense attorney is recommended.

How can a criminal defense attorney help with hit and run charges?

Do you really think you know the law? Can you navigate the legal processes on your own? I bet no, right?

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If you committed a hit and run, A criminal defense attorney can help with hit and run charges in several ways. Here are some possible defenses that a defense attorney may use to help you:

1. You do not know you hit the car. This is the best defense but only lawyers know how to put it forward. You will not be penalized by law if you can prove to the jury that you were not aware of the accident. 

2. Mistaken Identity. Did you between 1-6% of the people in jail are innocent? well, this is true. Many American prisoners are actually innocent. 

You will need the services of a criminal defense attorney to prove that you were not the driver who committed a hit and run. You may actually not be the actual driver and your lawyers know how best to prove it.

3. Emergency situation. If you could prove that you left the scene to seek emergency medical attention, the charges could be dropped or lessened.

4. Faulty evidence. Your criminal defense attorney knows better how to challenge the pieces of evidence provided against you. This could weaken the case against you. 

5. Plea bargain. A criminal defense attorney knows when it’s the right time to negotiate a plea bargain for fair charges.

To sum it up, A criminal defense attorney can help with hit and run charges by providing legal expertise, conducting investigations, negotiating, representing in court, and advocating for mitigation.

What happens if you are convicted of a hit and run?

If you are convicted of a hit and run and its proved that you are guilty of leaving the scene of an accident, there are numerous consequences that await you.

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For example. I have a friend that is serving 8 years for a hit and run crime in Maryland. This guy on top of this prison sentenced paid $15,000 as a fine.

Recommended reading: What To Do After a Head-on Car Accident?

Another example is Moses a truck driver in Chicago. Moses was sentenced to 2 months in jail and paid $500 as fines for a minor hit and run crime he committed 12 months ago. 

In short, Consequences of hit-and-run convictions in the USA include criminal charges, fines, imprisonment, license suspension, and points on driver’s license.

What should you do if you are involved in a hit and run accident?

As with any other auto accident, what happens if you are involved in a hit-and-run accident depends on whether you are the at-fault driver or the victim.

If you are the victim, do everything in your power to see that you can easily identify the driver, and the car, and prove your injuries/damages in future lawsuits/negotiations. 

For the driver that committed a hit and run, I highly recommend turning yourself in and or speaking to a criminal defense attorney before you speak to anyone else.

For a hit and run victim, asses safety, call the police, gather information, inform insurance, and seek legal advice.

As a hit-and-run driver, call the police, assess the damage, check for injuries, write down what you remember, and contact a lawyer if necessary.

What is the difference between a misdemeanor and a felony hit and run?

Consequences of leaving the scene of an accident are criminal charges, civil actions, and other administrative punishments.

A criminal charge for a hit and run accident is either a hit-and-run felony, or a misdemeanor.

personal injury

Charges of a hit and run felony will be pressed if you left the scene of an accident involving injuries/fatalities. On the other hand, leaving the scene of an accident involving only property damages will lead to charges of hit-and-run misdemeanor.

In short, A hit and run is a felony if it causes injury to another person, otherwise, it is a misdemeanor. Penalties for a felony hit and run can be severe.

Conclusion.

Yes, a hit and run criminal case against you can be dismissed or dropped but this depends on many factors. You will largely need the services of an experienced criminal defense attorney to defend you in courts of law.

Sources

1. https://www.georgiacriminaldefense.com/hit-and-run-georgia-duty-to-stay-at-the-scene.html

2. https://www.georgiacriminallawyer.com/hit-and-run

3. https://bubbahead.com/georgia-hit-and-run-leaving-the-scene-of-an-accident-ocga-40-6-270/

4. https://www.dui.info/hit-and-run-leaving-the-scene-of-an-accident

5. https://www.shouselaw.com/ca/blog/how-to-get-out-of-a-hit-and-run-charge/