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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17028
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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hit and run

Resolved Question:

hit and run
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 3 years ago.
Hello,

Do you have a legal question that we can assist you with?
Customer: replied 3 years ago.

Hello,

 

Yes, I had an accident on private property today in which the driver of the other vehicle became beligerent. After trying to exchange information with the other driver, they refused and call the police. The police did not arrive and the driver was still beligerent and wouldnt share infromation - DL number, insurance, name, etc. I left he scene because the driver wouldnt give me their information and was hurling insults at me. I left and went home. The police arrive at my home and said that that I would recieve a warrant for hit and run. They did not charge with anything yet. It seems that will come later?

 

What are my options? And how serious is this? I live in Loudoun County VA. The deputy said that it wasnt serious and not worry about it but I just looked at the VA code and it could be serious...maybe even a Class 5 felon7.

 

Brad

 

Expert:  Marsha411JD replied 3 years ago.
Hello,

Thank you for your question. Although a hit and run can indeed be serious especially when there are significant property damages or serious injuries, it doesn't sound like that is the case here. In addition, it isn't likely that the officer would have told you it wasn't serious if he thought there was much of a chance the court would try to maximize your sentence.

That said, without knowing all the facts, including those from the other party's perspective and the damages, I can't say for certain what will happen in your case. What I can say, is that you might seriously consider hiring a criminal defense attorney who specializes in traffic offenses because you might actually have a defense based on what you said about the other party's behavior. Again, I can't say with certainty but worth spending the time to talk with someone who might be able to help either get the charges dismissed or reduced.

If the damages to property were less than $1000, even if you were to be charged and convicted, this would be a Class 1 misdemeanor, which is likely what you would be charged with if anything, unless this was a very serious accident. Again though, you may have a defense if the facts are as you say they are.


I, like the other Experts on this site, am here to assist customers like you. However, we do so in anticipation of being paid for our efforts, just like other professionals do, since this is our livelihood and not a hobby. To that end, I am more than happy to clarify my answer to you and answer any related follow up questions that you might have for the value that you have offered for the question. In return, I ask that you show good faith in compliance with the TOS by accepting my answer, whether the news is good or bad, so that I will be paid for my efforts. Please let me know if you experience technical difficulties when attempting to ACCEPT my answer by clicking on the green button. That way I can notify customer service.


Customer: replied 3 years ago.
There wasn't any injury. The accident was just a fender bender in a mall parking lot. But, even fender benders can cost $1000 or more these days. What is the likelihood of a felony being charged if the damages are $1500? Also,they haven't charged me yet. How long do they have to charge me with hit and run?
Expert:  Marsha411JD replied 3 years ago.
I understand that it doesn't take much to make a $1000 worth of damages, that is why I said unless it is an aggravated case, it just isn't going to be charged as a felony. If charged as a misdemeanor, this would have a one year statute of limitations within which a charge could be brought. If charged as a felony it would be three years.

If you are arrested or called by law enforcement again on this issue you should decline to speak to them. That means no statement at all other than you want to speak to a lawyer and remain silent. Any information that you provide them will definitely be used against you despite what they want you to think
Customer: replied 3 years ago.
Thanks for responding again. Just one more question pertaining to "aggravated". Can you clarify what an aggravated case would be?
Expert:  Marsha411JD replied 3 years ago.
I mean a serious injury or extreme property damage (like a totaled car) plus an obvious fleeing the scene immediately after the accident. Don't get me wrong, leaving the scene of an accident is not the right thing to do, but based on your story you have many things going for you to either end in a dismissal or at least the lesser charge.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17028
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 5 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks Marsha. Have a great 4th of July weekend. I have accepted your answer.

 

Brad

Expert:  Marsha411JD replied 3 years ago.
You're welcome Brad and best of luck to you and Happy 4th!

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