Hit and run incidents in California can be much more complicated than they first appear. Whether the accident involves property damage, injury, or death, leaving the scene of an accident is a serious crime. The consequences for fleeing the scene can vary, but the investigation process is often meticulous, involving several stages of evidence collection, witness statements, and forensic analysis. As a criminal defense attorney, it’s essential to understand how these investigations unfold, especially if you’ve been accused or are involved in a hit and run case.
If you’re concerned about hit and run charges in California, it’s critical to understand how the legal system works in such cases and how investigators pursue suspects. This guide will explain the investigation process, potential defenses, and steps to take if you’re ever caught in such a situation.
What Constitutes a Hit and Run in California?
A hit and run, according to California Vehicle Code Section 20002, occurs when a driver involved in an accident leaves the scene without fulfilling their legal obligations. These obligations include stopping the vehicle, providing necessary details (like your name and insurance information), and, if needed, helping the injured or notifying law enforcement.
A hit and run charge can apply to property damage accidents as well as accidents that result in injury or death. While the penalties are less severe for property damage only, any hit-and-run charge carries potential criminal and civil consequences.
The Investigation Process: From the Scene to the Courtroom
When a hit and run occurs, law enforcement immediately launches an investigation to locate the responsible party. Here’s how the investigation typically unfolds:
1. Reporting the Incident
The first step in any hit and run investigation is the prompt reporting of the accident to law enforcement. Victims or witnesses should call the police immediately to report any details they can recall, such as:
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Vehicle Description: If possible, the color, make, model, and any other distinguishing features of the vehicle involved.
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License Plate Number: Even a partial number can help authorities narrow down the vehicle’s identity.
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Location and Time of Incident: The specific location and time of the accident are crucial for establishing a timeline and checking nearby surveillance cameras.
Reporting an incident as soon as possible can significantly enhance the likelihood of identifying the responsible driver.
2. Gathering Evidence at the Scene
Police will arrive at the scene to collect as much evidence as possible. This can include:
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Physical Evidence: Any debris left by the vehicle, such as broken headlights, side mirrors, or paint transfer, can be critical in identifying the make and model of the car.
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Skid Marks or Tire Tracks: Investigators will look for tire patterns that can reveal the path the vehicle took after the collision. These can be essential clues in tracking down the suspect.
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Damage to Property: If the hit and run involved striking property, such as a parked car, fence, or utility pole, the police will document the damage. They may also check for any cameras in the vicinity that could have captured the incident.
3. Identifying the Driver
Once the police have gathered evidence from the scene, their next goal is to identify the suspect. This process can involve several investigative methods:
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License Plate or Vehicle Identification: If a license plate number was obtained, investigators will track the vehicle to the registered owner. Alternatively, if vehicle parts or paint are left behind, forensic experts can match these to specific car models and years.
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Witness Statements: Eyewitnesses play a critical role in identifying the driver. Police may interview anyone who saw the accident or noticed any distinctive features about the vehicle.
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Surveillance Footage: If the accident occurred near security cameras, law enforcement will review the footage. Even a brief moment of footage can provide enough detail to identify the vehicle or driver involved.
4. Evaluating the Severity of the Charge
Once the driver is located, authorities will assess the severity of the charges based on the circumstances of the accident. California law distinguishes between misdemeanor and felony hit and run charges, depending on whether the incident involved property damage, injury, or death.
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Misdemeanor Hit and Run: If the accident involved only property damage, the charge is typically a misdemeanor. While the penalties for a misdemeanor are less severe, they still carry consequences, such as fines, possible probation, and a potential criminal record.
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Felony Hit and Run: If the accident caused injury or death, the charge will likely be classified as a felony. This carries more severe consequences, such as extended prison time, higher fines, and a permanent criminal record.
5. Common Defense Strategies in Hit and Run Cases
If you are accused of leaving the scene of an accident, it’s crucial to consider potential defense strategies. Some common defenses include:
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Unintentional Fleeing: In some cases, a driver may leave the scene out of panic or fear, without intending to evade responsibility. Your attorney may argue that you did not intentionally flee and should not be convicted of a hit-and-run charge.
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Mistaken Identity: Sometimes, witnesses or investigators may misidentify the vehicle involved in the accident. If the description is vague or incomplete, the evidence against you may be weak.
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Lack of Knowledge: If the damage caused by the accident was minor, it’s possible that you were unaware of the collision at the time. For instance, hitting an unoccupied vehicle or an object like a mailbox might not have been noticeable, and you could argue that you didn’t realize an accident occurred.
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No Intent to Evade: California law requires that the driver knowingly and willfully leave the scene. If you did not have the intent to evade responsibility, your attorney might argue this as a defense.
6. Penalties for a Hit and Run Conviction
The penalties for a hit and run conviction can vary depending on the severity of the accident and the circumstances of the case. Possible consequences include:
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Fines: For a misdemeanor hit-and-run, fines can range up to $1,000, and felony charges can lead to fines as high as $10,000.
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Jail Time: Misdemeanor convictions can result in up to 6 months in county jail, while felony convictions may lead to up to 3 years in state prison.
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Restitution: Victims may seek restitution to cover property damage or medical bills, which can further add to the financial consequences of a conviction.
What Should You Do If You Are Accused of a Hit and Run?
If you’ve been accused of leaving the scene of an accident, it’s essential to act quickly and consult with a criminal defense attorney. Here’s what you should do:
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Contact a Criminal Defense Lawyer: An experienced criminal defense lawyer will help you navigate the legal process, explain your rights, and assess potential defenses to your case.
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Do Not Speak to Law Enforcement Without Your Attorney: You have the right to remain silent, and anything you say could be used against you. Consult your attorney before making any statements.
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Gather Evidence: If you were unaware of the accident or did not intend to leave the scene, gathering any supporting evidence, such as photos, videos, or witness statements, will help strengthen your defense.
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Cooperate: If law enforcement contacts you, it’s essential to cooperate, but always have your lawyer involved.
Contact Southwest Legal for Help with Your Hit-and-Run Case
If you or someone you know is facing hit and run charges in Southern California, don’t navigate the legal process alone. At Southwest Legal, we specialize in defending clients in criminal cases, including hit and run charges. Our experienced team will work tirelessly to protect your rights and help you achieve the best possible outcome in your case. Contact us today to schedule a free consultation. Let us guide you through the legal process and fight for your future.
