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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27446
Experience:  Active member of the NYS bar since 1989
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I have a friend who was charged with 40-6-270, she is 24 and

Customer Question

I have a friend who was charged with 40-6-270, she is 24 and no priors. Wondering what she will face in court?
JA: Thanks. Can you give me any more details about your issue?
Customer: She pulled in front of another car and got out of her car and ran, I think she was in shock and she ran to her sisters house, this was only a short way but her sister was not home so she ran to my house. I am a family friend. I thought she was really hurt or something was really wrong, she seemed to be in shock. We took a while to calm her down and realized she just got so scared and freaked she just ran to someplace safe. She turned herself in later and they charged her with 40-6-270 which is a hit and run.
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Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.

Hello,

This is the Georgia hit and run statute. You can see it for yourself here. It is a criminal offense rather than a traffic offense, and as you can see if you look the statute over, how serious this is depends on what happened.

If the accident caused serious injury or death to another individual, the charge is a felony, and she could face a maximum possible penalty of 5 years of prison if convicted of this crime. In all other cases the charge would be a misdemeanor, which would have a maximum possible penalty of a year in jail and a fine of anywhere from $300 to $1,000.

On a first arrest, the possibility of her going to jail for this offense is just about zero, so long as she makes her court dates and follows the judges directions. If she can afford to retain counsel, she should bring him to her court date. If not, she needs to plead not guilty at her arraignment, tell the judge she lacks the funds to hire private counsel and ask the judge to appoint her a free lawyer.

There are several non-incarceratory plea offer possibilities that her lawyer can negotiate for her if she doesn't wish to go to trial on the case but wants to make a deal to quickly dispose of the matter. On a first arrest, she'd be eligible for probation, for example. It's also possible that she could get the matter reduced to a traffic infraction and thereby avoid having a criminal conviction on her record.