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Legalease
Legalease, Attorney
Category: Traffic Law
Satisfied Customers: 16288
Experience:  15 years exp in driving issues
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The police called and asked me to drive my truck down to the

Customer Question

The police called and asked me to drive my truck down to the police station. I was told it was involved in a hit and run. when I went to the police with the truck I explained the care has been in the driveway and I have computer records to show I was at home during the hit and run. they showed me pictures of the truck in question from street cameras, this was clearly NOT my truck. they called my boyfriend to come and get the truck because there was no damage matching the area of the hit and run, but I was arrested for hit and run, reckless driving, and reckless endangerment. my insurance company sent out someone to take pictures of the truck and found this truck has NO damage and has NOT been in any kind of wreck.
If the court case goes badly...my insurance goes up, I lose my job, and my credit is effected, how is this fair? I have called the bar for a lawyer, but all of them want a 10,000 retainer...I shouldn't have to pay anything just because some cop mad a mistake and didn't want to admit it, so has to have someone on the hook, there was no investigation. I thought we still lived in a country where you were innocent UNTIL proven guilty. The burden of proof is on me in this court case? and do I have a law suit? how do I find a congancy lawyer for a civil suit later and do I have a case?
Submitted: 9 months ago.
Category: Traffic Law
Expert:  Legalease replied 9 months ago.

Hello there -

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How did the police place you as being involved in the hit and run if they admitted that it was not the correct truck? Did someone identify you personally?

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MARY

Customer: replied 9 months ago.
the person that filed the report said the driver had blond hair...they couldn't tell if the person was male or female. there is also a conflict of the dates. the police report says the accident happened on the 2nd, but the insurance reports it on the 4th. they told me they made the arrest because of my hair, they also asked if i was on drugs...I was not.
they also claim to have video that they have not supplied to my insurance company. The picture they have shows a truck with a yellow lic plate, mine is white, and the shocks on my truck are white...the hit and run trucks are black.
if it turns out that the other car made a faults report can I sue her? My suspiction is she had no insurance at the time of the wreck, then got it two days later, and then gave as vague a description as she could, and may or may not have even been in a wreak....what information am I entitled to and how do I get it? I have selfies that where sent on to face book during the time of the wreak from my home along with GPS on my phone. what questions do I ask and how much help can I get from a court appointed lawyer of my insurance. I would like to bring a discrimination civil suit against the officer and a faults police report against the other driver if it's possible, the only issue is money...how do I find a contingency lawyer to take my case?
Customer: replied 9 months ago.
when they ask where i was on the day in question...I was at home because of a surgery the day before, which no drugs were perscribed this was the other reason they arrested me, telling me I was on pain meds. there is NO damage to my truck in the area the other driver says the connection was made...this is confirmed by the police and my insurance company...my insurance company says the other car looks like they hit some one...not the other way around. supposedly the rear drivers side quarter panel was hit by her front end and this happened in a merge lane, 9:30...free way speed. the other thing is they left the truck out front of the station over night without impounding it.
Customer: replied 9 months ago.
I don't know how many other trucks there are like mine and how many they actually called down to the station.
am I entitiled to know?
Customer: replied 9 months ago.
will I have a record?
Expert:  Legalease replied 9 months ago.

Hello again --

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I apologize that it took some time to get back to you -- I was offline for a while there. Because this is or will be a criminal matter you may be entitled to a court appointed attorney if your income falls into the low income guidelines for your county and state. In order to determine this, you need to go to the courthouse and go to the clerk's office for criminal business and ask them for the application and financial paperwork you need to submit to apply for a court appointed attorney. You can also do this on your first court date -- just arrive one half hour early and go to the clerk's office for the paperwork. The prosecutor's office will then talk to you about what happened and did not happen and see if you qualify for a court appointed attorney. If you do not qualify for a court appointed attorney then you will have to hire and pay for your own attorney in these matters (sorry) but you may be able to get assistance through a legal aid office in your area (you can find local legal aid and legal assistance offices by performing an online search in your county and state and you should come up with a list of the closest ones to you). I do not know of any lawyers who will take a criminal matter legal case on a contingency basis or without a retainer/deposit -- generally speaking, that is not the manner in which legal representation in criminal matters is handled.

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In order to show that you did not do this and had no involvement with a hit and run, either you or your attorney may have to hire a private investigator to investigate what happened and to find potential witnesses to come to court on your behalf (if the police are dead set on pursuing you alone, then they may be missing evidence of another driver -- they are simply not looking for it and that is where a P.I. would come in handy for you and your case). It will not do you any good to try to talk to witnesses yourself because the court might consider that an attempt to intimidate the witnesses on your part. You are generally not entitled to know what other cars came to the station and what other evidence that they have -- it has to be sent to your lawyer and private investigator by the prosecutor and then you will know what the prosecution has for "evidence".

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I wish I could give you a quick and easy way under the law to make this go away, but one does not exist. I realize that it is unfair but hopefully with a little digging and a half decent attorney you can get this all to go away.

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Please let me know what additional questions that you may have. If you have no further questions, can you please press a positive rating in the ratings section above (pressing the middle star or the fourth or fifth star on the right of the middle star are all positive ratings stars). Pressing a positive rating will not cost you any additional money -- it will simply act as the trigger to Just Answer to pay me for my time assisting you tonight. THANK YOU VERY MUCH

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MARY

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