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AttorneyTom, Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience:  Attorney
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Charged with hit and run of a mailbox hanging over the pavement

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I have been charged with hit and run. I hit a mailbox that was hanging over the pavements edge as I slowly drove around a bicyclist to give some leeway. I stopped and looked back and did not see any damage. My mirror folded in and I did not realize that the outer cover was gone. I continued on and within 10 minutes I got pulled over and arrested. I did state that I did tip the mailbox and told them the same thing I just told you. I have no criminal history and a safe driver Florida license with an excellent driver record. My arraignment is on the 24th of November. I want to have this expunged. What should I plea at the arraignment and what forms do I need?
Under what statute have you been charged?
Customer: replied 7 years ago.

the charge was hit and run with property damage more than $50.00. The following morning I took pictures of the mailbox hanging about 2 inches into the road way. The owner had already reinstalled the mailbox but, the report showed $150 in damage

Do you have the document you received regarding the charges? It should have the statute listed on it.

Having the statute allows me to provide a more accurate response.
Customer: replied 7 years ago.
I can't find the documents right now

What follows may or may not be what you want to read.

Unfortunately, I cannot tell you what plea to enter. That constitutes legal advice and you will need to retain a local attorney for that matter. However, I can provide the following invaluable information.

This sounds like a violation of 316.063, F.S. However, 316.063, F.S. makes no reference to value exceeding $50. The following assumes this statute is what the subject matter revolves around.>2009->Ch0316->Section%20063#0316.063

A violation of 316.063, F.S. is a misdemeanor of the second degree punishable by up to 60 days in jail and up to a $500 fine.

You will want to retain an attorney to assist you with this matter. If you are convicted, plead guilty, or plead nolo contendre, an expungement will not be available. Your attorney may be able to find grounds on which to build a defense (though your admissions to the police may inhibit that). Alternatively, your attorney may be able to negotiate a deferred prosecution requiring a fine, probation, and ultimately resulting in the charges being dropped. If the charges are dropped, they can typically be expunged at a later date.You will want to discuss these possibilities with your attorney.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.


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Customer: replied 7 years ago.
what is a deferred prosecution and do you think a public defender would do this?

A deferred prosecution or withheld adjudication is an arrangement between the state and the defendant. Usually, this involves an agreement whereby the defendant pays a fine and serves a probationary period. After the probationary period is completed, the state typically drops the charges. Because the case of disposed of in this manner, a defendant can typically seek to expunge the record at a later date.

If you qualify for a public defender, your public defender can handle such negotiations. However, public defenders are typically overworked, making private attorneys preferable. If you believe you will want to partake of a public defender's services, you'll want to contact your local public defender's office to inquire as to the requirements so as to ensure that you qualify for such assistance. You will also want to inquire about the fees involved, as public defenders are usually not entirely free.


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