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

with hit and run in...
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.
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Answered in 16 minutes by:
8/2/2013
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,877
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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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.
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Customer reply replied 4 years 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.

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.
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Customer reply replied 4 years 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.

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
Roger, Attorney
Category: Legal
Satisfied Customers: 31,877
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Roger
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