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xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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i am on probation / deferred prosecution for larceny....he

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i am on probation / deferred prosecution for larceny (i didnt do it)....he had a car accident today, damaged my car but not the other persons car. The other person told him that it was ok for me to leave since there no damage to his car....his parents told him that as well and we did not exchange information...i did not know that it was against the law to leave the scene of an accident... a friend drove by the scene a little later and the other guy was talking to the police and said that he got hit/run and was reporting damage and the accident.What can I do? Will this violate me. Can I be charged?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  xavierjd replied 6 years ago.

Thanks for using


North Carolina law requires that you stop after being involved in any accident. When you stop you are required to provide the other driver or pedestrian with "reasonable" assistance if they are injured and give information such as your name, phone number, and insurance company to any other driver of another car involved in the accident.


If you fail to fulfill your duty to stop, you may be charged with hit and run. The category of this offense and the potential sentence depend on the severity of the accident.

If the accident only results in property damage and/or minimal injury, you are facing Class 1 misdemeanor charges. Misdemeanor hit and run for leaving the scene of an accident with property damage or minor injury carries a potential sentence of up to one year in jail as well as fines.


Further, if you are convicted, 4 points will be added to your driving record and your license may be suspended.


Moreover, if you are convicted, you will probably be violated. The decision will be up to your probation officer. So as to avoid any surprise or to avoid the appearance that you are trying to hide anything, you may want to disclose the circumstances of the accident and what happened to your probation officer. That way, if you are not charged, your probation officer will appreciate your honesty and it may help you if something else comes up during your probation. If you are charged, your probation officer will appreciate your honesty and it may factor into any decision s/he makes regarding whether or not you are violated.


Also, you may want to speak to an attorney who specializes in criminal law. Sometimes, an initial consultation is free or at a minimal charge. You can discuss the facts of your case, evaluate your options and decide how to proceed. You may want to do this ASAP before your next probation appointment.


I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.

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