A hit-and-run in California occurs when you are involved in an accident while driving, and you flee the scene without waiting for the police, offering assistance to the injured persons, or leaving your contact details. The law requires drivers to stop and wait for the police if they are involved in an accident, even if they did not cause it. Leaving an accident scene without being cleared by the police or leaving your contact details can result in criminal charges.
The statute of limitations for hit-and-run accidents allows the police to gather evidence and prosecute anyone guilty of hit-and-run within a particular period. It also allows the injured to file a civil lawsuit against responsible parties to recover compensation. The statute of limitations for criminal cases ranges from one to six years, depending on whether there was property damage, severe injury, or death.
Understanding statutes of limitations is critical for proper planning. You can talk to a skilled criminal defense attorney if you face hit-and-run charges to know what to expect within the timelines provided under the law.
Hit-and-Run Charges and Statutes of Limitations
A hit-and-run occurs when a driver in an accident leaves the scene without being cleared by the police, offering assistance, or leaving their contact information. Anyone can face hit-and-run charges, even if they did not cause the accident. Stopping to help or talk to the police helps ensure that the injured persons are safe and helps the police with the accident investigation. When you flee, it becomes difficult for the police to know what happened. The police also assume you are hiding something, like another crime like DUI or the cause of the accident.
Prosecutors in California charge hit-and-run as a misdemeanor or felony, depending on the case details. You will face a misdemeanor charge if the accident you fled from only resulted in property damage. You will likely receive six months in jail and a $1000 court fine for fleeing the accident scene, even if you were not responsible for the accident. A hit-and-run conviction for a misdemeanor can also result in probation and earn you two points on your driving record, which can result in other penalties by the DMV.
A felony charge after a hit-and-run accident will occur if the accident results in an injury or death. Remember that the charge occurs when you flee the scene without assisting the injured or sharing your details, even if you did not cause the accident. A conviction for a felony is punishable by a maximum of four years in prison and a fine of up to $10,000. The judge can also order you to pay restitution to the accident victim.
The legal requirement for anyone involved in an accident in California is to stop, offer assistance, call the police, and share information with others in the accident. A conviction for hit-and-run results in life-changing consequences, including harsh penalties and a damaging criminal record that affects various aspects of your life even after completing your sentence. However, you can fight the charges to avoid a conviction.
Preparing for defense is critical once you understand how much you will likely lose after a conviction for hit-and-run. Although the police can arrest and charge you for the crime immediately after fleeing the scene, the prosecutor has between one and six years to file a criminal case against you.
Typically, they have one year to file a hit-and-run case if the accident did not result in serious injury. However, if the accident resulted in a minor injury, the statutes of limitations allow prosecutors up to three years to prepare and file a case against a defendant. They have up to six years to file a case against you if the accident resulted in a grave injury or death. Remember that this applies regardless of your involvement in the accident.
The prosecutor can file charges against you before the statute of limitations expires. This means you should prepare well for the complex legal processes and defense. Once the legal process starts, you can talk to a skilled criminal defense attorney to understand what to expect and how to fight your charges. An attorney will also ensure you know your rights and options for a smooth process and a favorable outcome in your case.
The Meaning of Statutes of Limitations
The statute of limitations is the law that provides timelines within which a prosecutor must file a criminal case or a plaintiff must bring a civil suit against a negligent party. This timeline is different for different cases in California. The timeline allows the prosecutor to prepare a case before filing it. They must have substantial evidence to support the allegations and obtain a conviction during the trial. The timeline also allows plaintiffs to prepare and file their cases against negligent individuals to receive compensation for their damages.
Although a hit-and-run is a criminal matter, statute limitations provide timelines for the prosecutor to bring a case against a person suspected of fleeing an accident scene. Although you can be arrested and charged within hours of fleeing from an accident scene, the timeline allows the prosecutor enough time to gather evidence to ensure they have a solid case against you. The statute of limitations also considers other pending matters the prosecutor must complete before handling your case and the likelihood that you were not arrested after fleeing the accident scene.
If you are involved in an accident that results in property damage, the prosecutor has up to one year to gather evidence, interview eyewitnesses, and file your case in court. If you fled the scene without leaving your contact details, the prosecutor must find you, investigate the case, and gather evidence before filing the matter with a criminal court. If the one-year deadline elapses before this is done, the prosecutor loses the right to file the case.
Statutes of limitation protect alleged offenders from prosecution or civil suits regarding matters that happened long ago. This eliminates the need for defendants to defend themselves against cases where evidence was lost or destroyed and witnesses were unavailable. Sometimes, memories fade away, and what is left is insufficient to obtain a conviction or compel for a case dismissal. Thus, this law promotes fairness in the criminal justice system by promptly handling all criminal or civil cases. They also benefit plaintiffs and victims of criminal acts since justice is served in good time.
The statute of limitations protects defendants from stale claims. It sets the timeline for legal action against anyone believed to have committed a crime. This way, a defendant will not face criminal charges or civil lawsuits in a matter that happened so many years ago. After some time, people forget the facts of a case. Criminals change to become responsible and law-abiding citizens. Evidence is lost or degraded. It becomes impossible to obtain a favorable result when a case takes long to conclude.
These deadlines also encourage prompt action in legal matters. Without deadlines, judges, prosecutors, criminal defense attorneys, the police, and anyone else involved in a case will relax. They will not see the need to complete cases promptly. The timeline encourages plaintiffs and victims of crime to pursue cases promptly. The statute of limitations eliminates any unnecessary delays preventing the legal system from functioning as it should.
It also reduces litigation costs considerably. When cases drag on for years, plaintiffs and defendants pay more to retain legal counsel and continue the court processes. The statute of limitations puts a deadline to ensure that cases are filed and concluded within a particular time. This reduces the time you need to pay legal fees and other costs associated with criminal or civil cases.
What To Do Within The Given Timeline
In criminal cases, the prosecutor bears the burden of proof. They must demonstrate a case beyond a reasonable doubt for the court to deliver a guilty verdict. To meet this burden, prosecutors must work hard to obtain irrefutable evidence. They must also follow the required filing guidelines to avoid losing the case. It takes some time for a prosecutor to assemble a case, complete with evidence, for filing. Although they can file cases within a day or two of the crime, they sometimes must prepare a solid case against the defendant.
You must take advantage of this time to prepare your defense well. In most cases, prosecutors will need time to prepare for a trial. That is why the law pushes for a pretrial release before a trial. This is when you must prepare well for your defense to avoid the severe consequences of a hit-and-run. Remember that if you fled the accident scene, there is a possibility that the judge will find you guilty of hit-and-run. Since it is difficult to predict the outcome of a criminal case, you must plan your defense well.
You can hire an attorney for advice and guidance through the complex legal process, as well as for defense. Defense attorneys are legal experts in criminal cases. They understand the statute of limitation and can help you take advantage of it to obtain a favorable result in your case. They will also help you navigate the complex processes as you prepare for the trial.
You should also gather evidence to fight your charges during the trial. Since knowing exactly when the prosecutor will file your case is difficult, you must act immediately after learning about the charges against you. You can collect evidence from the accident scene or prepare testimony to counter the prosecutor’s claims. You can also interview eyewitnesses and accident experts to testify on your behalf. Doing this as early as possible ensures you are well-prepared for the trial once it starts.
The period before the prosecutor files your case is also the time to determine the kind of evidence the prosecutor has against you. This helps you prepare well for your defense. Although the prosecutor bears the burden of proof in criminal cases, you can provide more proof to counter their allegations and gain the upper hand. Your attorney will use the discovery process to determine the strength of evidence against you. Then, they will build your defense based on their findings.
This can also be an excellent time to negotiate for a reasonable resolution with the prosecutor. Before filing your case, the prosecutor can be open to a plea bargain, whereby you plead guilty to another crime to avoid facing trial for hit-and-run. Plea deals benefit the prosecution and defense teams. The prosecutor must not continue the case once you accept a plea deal. It also allows you to obtain a more reasonable outcome in your case. Your attorney will consider the evidence against you and possible penalties if you are convicted when advising you to take or reject a plea deal.
The type of Defense To Build Within the Given Timeline
Being charged with hit-and-run does not automatically make you guilty. Criminal trials are fairly conducted to allow defendants to fight their charges or defend their actions for a reasonable outcome. Although the prosecutor bears the burden of proof, you can also table evidence and present your defense in court. You should take advantage of the period before the prosecutor files your case to prepare your defense. You can do this with the assistance of your criminal attorney. Here are some of the strategies your attorney can use to obtain a favorable result:
You Lack Knowledge About the Accident
It is possible to be involved in an accident and not realize it immediately. If this happened in your case, you can argue that you did not know you were involved in the accident in the first place. You could have hit something or someone and not realized it. Or, you could have assumed that another motorist was responsible for the accident. If your experienced attorney convinces the court of your lack of knowledge, it will dismiss your charges.
There Was No Accident
If you failed to stop because of no injury or property damage, you can argue that an accident did not occur. Remember that hit-and-run charges apply in cases where you flee from an accident scene without offering or calling for help. If there was no accident in the first place, the court will not find you guilty.
You Are Mistakenly Accused
In most cases, hit-and-run perpetrators are arrested hours, days, or months after an accident. The police rely on eyewitness accounts or surveillance footage to trace a driver who commits a hit-and-run. This can take a very long time and still not yield accurate results.
If an eyewitness describes your vehicle or physical appearance, you can use this defense strategy if you are not the perpetrator. Someone else with a similar car as you or with the same physical appearance as you could be the perpetrator. Your attorney can provide evidence, like your alibi, to counter the allegations.
Statute of Limitations for Civil Hit-and-Run Cases
People who have incurred damages in a hit-and-run accident can file civil suits against negligent parties to obtain compensation for their losses. Civil cases are conducted differently from criminal cases in California. Thus, their statute of limitations will be different.
A plaintiff who has suffered damages in a hit-and-run accident has two years from the accident date to bring a civil suit against a negligent party. The negligent party can be anyone involved in the accident, particularly the one who fled from the accident scene to avoid liability.
Within two years, plaintiffs must determine and find the responsible party, prepare a lawsuit, and file it in a civil court. The plaintiff must have evidence to support their claim and all the damages they include in that claim.
Understanding the statute of limitations for civil claims benefits you (the defendant) in many ways. It helps you fight the case if the plaintiff files it after the expiration of the statute of limitations. Remember that courts cannot accept or hear cases filed after two years.
This knowledge also allows you to negotiate an out-of-court settlement before the plaintiff files the case. Settling the matter out of court saves you time and money and will enable you to negotiate a more reasonable settlement. Working with a reliable attorney with your best interest in mind will likely result in a favorable outcome.
Find a Competent Criminal Attorney Near Me
Do you or your loved one face hit-and-run charges in Van Nuys?
A hit-and-run is a grave crime whose penalties include a lengthy prison sentence and a hefty court fine. It also results in a grave criminal record that can affect your professional and social lives for years. Working on your defense is advisable to counter the allegations and push for a favorable result. You can avoid a conviction and its severe consequences if you work well on your defense.
At Leah Legal, we can help you understand your charges and options and develop your defense. We can also explain the statute of limitations and how it can impact your case. We can take advantage of the given timelines to achieve a favorable result. Call us at 818-484-1100 to learn more about your case and our services.