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Law Girl
Law Girl, Lawyer
Category: Criminal Law
Satisfied Customers: 4606
Experience:  I have practiced criminal law.
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I got in an accident in California over 2 years ago. They ...

Customer Question

I got in an accident in California over 2 years ago. They have sitted me with a hit and run and travelling in the wrong lane. There was NO contact. What is the statue of limitations? Can they charge me with a hit and run with no contact? And can you change DA's in the middle of a case just because one DA can't prove his case?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Girl replied 8 years ago.

DearCustomer

Thank you for your question.

Contact is not required in a hit and run case, so depending on the code section under which you are charged, you may only be required to ... cause "injury to any person, other than [yourself], or ... the death of any person" without immediately stopping the vehicle at the scene of the accident ...

In California the statute of limitations will depend on whether your crime has been charged as a misdemeanor or felony. If it is a felony than there is a good chance that the statute of limitations is three years. You also have the right to a speedy trial. However, you will need to ensure that your attorney did not sign any sort of Time Waiver while he was trying to get the charges dismissed.

D.A.'s are changed all the time. D.A.'s are a function of who is in the job and not really what they can or cannot prove. It is possible that the old DA either got a promotion or moved to another job or is handling a different case load. It doesn't matter what DA tries the case because they both be working with the same evidence.

Please let me know if you have any other questions. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT