How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26593
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Legal Question Here...
Roger is online now
A new question is answered every 9 seconds

The D.A. of San Mateo County may or may not charge my daughter

Resolved Question:

The D.A. of San Mateo County may or may not charge my daughter with hit and run in a 7 Aug. hearing only because she did not leave insurance and I.d. Info at the scene of the accident--a parked car on a boulevard on or about midnight last oct or nov--and when she was 18 she had been arrested for shoplifting but was not charged as she paid for the stolen item and fulfilled the requirements of parole. It seems the d.a. may be reluctant to let her off, despite the fact that my daughter has proof that she did not intentionally flee the scene and has witnesses as support. She is a good girl, has completed a program at Skyline College and is currently seeking employment, and she has no other legal problems. She is worried that the judge will jail her. Can you tell me that she will not be jailed for such a matter. Her lawyer seems not to be too worried.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for using JA! I'll be glad to assist.

California hit and run charges can be either misdemeanor or felony. If there was only property damage and no bodily injury or death to another party, the charge should be considered a misdemeanor.

Misdemeanor hit and run carries a maximum penalty of $1000 and up to 6 months in jail per California Vehicle Code 20002. Thus, I cannot promise you that she won't be jailed because the law allows a jail sentence to be imposed for a hit and run violation. However, jail time for an accident that didn't result in any bodily harm or death would be unlikely - - especially since this is a first offense.

The more likely result would be a fine and probation for up to 6 months.

Thanks for allowing me to assist you, and if you have any additional questions, please do not hesitate to ask.
Customer: replied 1 year ago.

That's a bit vague, even for 45 bucks. All that i had already surmised. I had mentioned at 18 years of age she got into a bit of trouble and complied properly with the demands of the court. However, it is possible the judge or D.A. will take it into consideration. Your " unlikely " remark is only slightly comforting without elaboration of the kind that states maybe something like "in all my experience as a litigator in San Mateo County I have never heard of an acting judge( a sitting judge in SSF Courthouse ) who has ever imposed jailtime based on the circumstances which you have supplied." Or, do I pay extra for such an 'elaboration'? Lastly, I am not so inclined to pay for your advice if you are not a San Mateo County litigator( lest said payment is already a done deal, as it were.). Thank you for your quick response, in any case.

Expert:  Roger replied 1 year ago.
I wish I could be specific enough to tell you for certain what will happen, but I don't think any attorney would EVER guarantee that a client would get no jail time when the law actually allows for it. BUT, I can say that it would be unusual or jail time to be ordered by a judge for someone of this age and where no one was hurt.

Cases like this are very fact-sensitive and judges have complete discretion as to whether or not jail time is ordered. Thus, I'm very sure that people have been given jail time for violating this law, but the majority of the time, jail time would not be a real threat.

I hope this helps.
Customer: replied 1 year ago.

No, it did not help, rather I see it as a kind of reiteration. No matter,


I applaud the absence of rancor in your words for my manner is one of bluntness ( to put it mildly ), and it would not have surprised nor angered me had your words been subtly acidic--hahaha! It is my way, though; apologies.


Lastly, I had looked for, hoped for, statistics, impressions of patterns. Silly me! That data cannot be broached as it is not 'law'. Agreed.


Well, thank you. For taking the time for my badinage, that is.


Good day, sir.

Expert:  Roger replied 1 year ago.
It's highly unlikely that there are statistics kept up with on a county by county or judge by judge basis. And, as you said, stats aren't the law, so it's still just pure speculation.

The penalty is completely discretionary, so there's is no way to know for certain what will happen, but she should not expect jail time.

Have a good evening, and let me know if you need something further.
Roger, Attorney
Category: Legal
Satisfied Customers: 26593
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 15 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.