A hit and run charge in violation of Vehicle Code section 20002 is a serious allegation, but you have options with the guidance of well known criminal defense lawyer David Pflaum.
Just because a person was cited or arrested for hit and run does not mean that he or she is guilty. The accused has rights and remedies.
An experienced criminal defense lawyer like Mr. Pflaum makes a difference in the outcome of a prosecution for hit and run.
Note. In misdemeanor cases the client may never need to go to court. The defense lawyer performs all the work on behalf of the client.
(For information regarding a felony violation of Vehicle Code section 20001, please click here).
HOW THE DEFENSE LAWYER FOR VEHICLE CODE SECTION 20002 HELPS IF A CLIENT IS IN CUSTODY
Get Out of Jail. When a client is in jail, there are several ways attorney Pflaum helps him or her get released from jail before the first court date or during the first court date at the arraignment.
The procedures to get a person out of custody depend on the circumstances of the alleged crime and the present status of the accused, i.e., ties to the community, employment, ownership of property, age, health, prior criminal record, military experience and character references.
Click on the following words to learn more: get out of jail asap.
STRATEGIES THE LAWYER FOR VEHICLE CODE SECTION 20002 USES TO HELP HIS CLIENT IN COURT
Strategies. The right defense strategies depend upon the circumstance of the case, the alleged evidence, witnesses and the police investigation.
The most common defenses include the following.
- The client did not know of the accident
- Lack of corroboration
- Insufficiency of the evidence
- Bias of the witness
- Improper police investigation
- Violation of constitutional rights
- No criminal intent
- Civil compromise
- Payment of restitution
- Compliance with the applicable law
There are many ways to defend an accusation of hit and run and get the best possible results.
Plea Bargaining. Statistics show that 95% of criminal cases are resolved in court by way of a plea bargain.
A plea bargain is an agreement between the judge, prosecutor, the defense attorney and his client regarding the charges and the punishment. The goal of a plea bargain is to dismiss or reduce the criminal charges, avoid prison and jail time, and reduce the fine amount.
A client is under no obligation to accept the plea bargain offer, but plea bargaining is the first stage of every prosecution.
Strategies. The best strategy depends upon many different factors including the type of theft accusation, the existence (or non-existence) of evidence, the type of the evidence, the client’s background, the police investigation, the testimony of witnesses, forensic experts, physical evidence, and other issues that may arise through the course of the trial.
Defense Strengths. Good plea bargains come about because attorney Pflaum knows his client well, investigates the case, carefully analyzes the police reports, videos, photographs of the scene, tape recordings, surveillance videos, witness statements, and all the additional evidence associated with the case to develop the strengths of a case.
Prosecution Weaknesses. By the same process attorney Pflaum attorney looks for and develops weaknesses in the prosecutor’s case such as inconsistencies in witness statements, problems with the arrest or the investigation, violation of a client’s right to remain silent, discrepancies in the conduct of the loss prevention officers and/or investigating officers, missing or inconclusive evidence, and the lack of video or camera surveillance to corroborate the alleged theft.
Effective Presentation. Attorney Pflaum then makes a persuasive presentation to the judge and prosecutor about the strengths of his client’s case, and weaknesses of the prosecution’s case, to achieve an excellent plea bargain offer for his client.
If the plea bargain offer is accepted by the client and his defense attorney, the case proceeds to sentencing.
If the plea bargain offer is not acceptable to the client and the attorney, the case continues to additional court dates and heads towards a trial where attorney Pflaum has had many years of success.
Jury Trial. A jury trial may be successful to prove that a client accused of committing shoplifting did not intend to steal any property or did not take anything at all.
For more information about trials click here: jury trial.
The Applicable Law
If you are involved in an accident while driving a vehicle which causes only property damage, the law requires you to stop and identify yourself to the other driver.
CVC section 20002 requires a driver to provide a driver’s license and vehicle registration to the other driver. If the other driver cannot be found, then you should write down on a piece of paper your driver’s license number and vehicle registration number, along with a description of how the accident occurred, and leave this information on the windshield of other vehicle. Then you are also supposed to call the local police and report the accident.
Some people do not follow the requirements of CVC 20002, in which case a misdemeanor criminal charge of hit and run may be the result and the police may come looking for you.
The maximum sentence for such a misdemeanor is a fine of $1000 plus penalty assessments and up to 6 months in jail.
Click on investigations and results to learn more about our successful resolutions of this charge.
Call the Law Offices of David Pflaum for help today
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