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Ask CrimDefense Your Own Question
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28002
Experience:  10+ years defending Misdemeanor and Felony cases.
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Hit and run

Customer Question

I hit a mailbox at 2am saturday. I knocked on the door and nobody answered. I went home and came back first thing in the morning. The cops came because someone else called them. What should I do?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 9 years ago.

If charges are filed against you, they most likely would be for leaving the scene of an accident. However, you may have some defenses and mitigating circumstances. In an accident like yours, the first thing is to attempt to contact the owner of the mailbox, which you did, unsuccessfully. Secondly, a note should have been left with your contact information and attached to either their mailbox or their front door. In order for the State to prove this charge, they need to place you behind the wheel of the vehicle. While they claim to have a wheel witness, I'm not sure how they would be able to positively identify you at 2 a.m., when it's dark outside. That is a question you may want to look into, if you fight this case. However, it seems you have done all the proper things so far, by apologizing, putting in a temporary mailbox and paying for a new one. The restitution in this case is very low and there was no injury. The State Attorney will attempt to contact the victim ( mailbox owner) and see if they wish to go forward with the case. Even if the owner choses not to go forward with the charges, the State can still proceed. Their case would only be so strong as the victims willingness to cooperate, so if this person does not wish to become involved, it is likely they will use their resources to prosecute a more serious crime.