Los Angeles Criminal Defense Lawyer Blog

A recent case of a Los Angeles hit-and-run has captivated local residents, firing up law enforcement agencies to search aggressively for the suspects.

It involves a 7-year-old girl, who was left in a coma and whose father has died.

Los Angeles hit-and-run defense attorneys are familiar with California Vehicle Code 20001 VC, which mandates that drivers involved in a crash have a duty to stop, regardless of whether someone has been injured.

A Los Angeles hit-and-run charge can be filed either as a misdemeanor or a felony, depending on the severity of injuries and the actions of the at-fault driver.

But even if you aren't at-fault in the crash, you could be prosecuted for hit-and-run if you don't immediately stop, give your identifying information, provide "reasonable" assistance if anyone is injured and immediately contact police. Those are your obligations - regardless of any other circumstances.

It should be noted, however, that you don't have to provide any statement to law enforcement officials before you consult with your Los Angeles criminal defense attorney.

If you do commit a hit-and-run but no one is seriously hurt, you're looking at a sentence of up to 1 year in jail or prison and fines of between $1,000 and $10,000. However, if someone is seriously hurt or killed, then you're looking at serving at least two and four years incarceration, in addition to the fines.

There are some other circumstances that could increase those penalties. For example, if you're fleeing a crime scene when you then hit a vehicle and flee, then we're talking about a possible five-year prison sentence. If you were drunk at the time (part of the reason a lot of people flee in the first place), then you would additionally face Los Angeles DUI or DUI manslaughter charges.

Here's what we know so far about the most recent Los Angeles hit-and-run case:

A 38-year-old man, his 7-year-old daughter and other members of his family were crossing Watts Avenue and Santa Ana Boulevard in Watts when they were allegedly struck by the driver of a white Cadillac.

According to The Los Angeles Times, the driver did stop for a moment, but then took off, reportedly driving over the father and daughter as he did so.

The father died at the hospital, while the 7-year-old remains in a coma in critical condition.

Assuming police eventually make an arrest, one issue that may come up in trial is the design of the intersection itself. A number of parents have reportedly complained about it, saying it was an accident waiting to happen.

In order to secure a conviction on a hit-and-run charge, prosecutors have to prove that you were involved, that you knew an accident had occurred and that you knew someone was hurt or killed and that you intentionally failed to carry out one of your above-mentioned duties.

Even if it seems the evidence against you is somewhat overwhelming, there are effective approaches that a skilled attorney can take that can sometimes result in lowered or dropped charges.

Continue reading "Los Angeles Hit-and-Run Suspect Sought By Police" »

Los Angeles police are asking for the public's help in solving a hit-and-run accident that happened recently in South L.A. where a woman was seriously injured, the Los Angeles Times reports.

What many people may not understand is that under California law, a person who causes an accident, especially one where injuries or death are possible, has many obligations when involved in a hit-and-run accident in Los Angeles.

Under the law, a person who causes an accident must leave a note that includes the following information:

-An explanation of the facts
-Full name
-Driver's license number and expiration date
Vehicle Identification Number
- Insurance company, address and policy number

But they also must report the accident to either local police or the California Highway Patrol. If there is a chance there could be an injury, the driver is obligated to offer aide to the victim.

The difficult thing about such a situation is that speaking with police, even to report a fender-bender accident, could include making statements that can be used against you. An admission to facts would be available for the state to use against you in a prosecution.

If the damage is minimal, a person can still face a misdemeanor crime. If there are major injuries or death, you could be looking at facing a felony. An experienced Los Angeles hit-and-run defense lawyer must be hired to ensure the defendant's rights are upheld at every step of the way.

According to the Times, the accident happened around 2:30 a.m. one recent day as the victim drove her 2002 Ford Mustang on McKinley Avenue. Police suspect a 2001 Chevrolet Tahoe hit the Mustang. The Tahoe was traveling westbound on 54th Street.

KABC News reports that police have released the name of the accused driver. But the news report leaves out how police have determined the identification if the alleged suspect.

Hit-and-run accidents in Los Angeles can be difficult for police because there are often no eyewitnesses who can provide credible information. If a victim faces serious injuries, his or her memory could have been disrupted in a crash.

Investigators can sometimes scrape samples of paint from the vehicle they recover or from the ground around the scene to determine the make and model of the other vehicle. But that, in a city the size of Los Angeles, may do them little good.

It usually takes outside witnesses -- such as friends or family of the accused -- to come forward and spot a damaged vehicle or an admission of guilt in the following days or weeks. And when arrested, the suspect faces serious jail or prison time, depending on the injuries sustained by the victim.

But without a witness putting the person in the driver's seat at the time of the accident, these charges can still be difficult to prove. Remember, the state can't simply use assumptions to shore up convictions. They must have reliable proof beyond all reasonable doubt.

Continue reading "Police Searching for South Los Angeles Hit-And-Run Suspect" »

Police are looking for a driver who struck and killed a teen bicyclist in a Los Angeles hit-and-run accident, the L.A. Times reports.

An L.A. hit-and-run defense attorney should be consulted immediately in cases where a motorist fails to stop after being involved in an accident. Traffic cameras, business security cameras and other aspects of modern technology give authorities a good chance of finding you. Additionally, old fashion eyewitness reports, pleas by the police in the media and even body shops --which reports suspicious damage to authorities -- are often enlisted in identifying defendants.

In some cases a client may have just been scared. In other cases, you may not even be immediately aware that you struck a victim. In still other cases, lack of a driver's license or insurance may cause a driver to leave the scene of a crash. And driving under the influence is also sometimes a cause.

Each case is unique. Discussing your options with a defense attorney is the best course of action. Under California law, anyone involved in an accident is required to stop, and to provide their name, license number, vehicle identification number and insurance information. Failure to do so is a crime. And failure to stop for an accident that results in serious or fatal injuries can carry the threat of serious penalties -- including prison time.

In this case, authorities believe a gray Toyota Corolla struck a 16-year-old who was riding his bike on De Soto Avenue near Valerio Street at about 9 p.m. Wednesday night.

A misdemeanor hit-and-run charge typically involves property damage but no serious injury. Such charges can carry a penalty of up to six months in jail.

Felony hit-and-run in California is typically filed when an accident results in serious or fatal injuries, and can result in years behind bars, thousands of dollars in fines and the suspension of your driver's license.

Don't speak to authorities before you speak to your attorney. Consulting an experienced defense lawyer, and following his advice, is the best course of action to protect yourself in the wake of a hit-and-run accident.

Continue reading "Los Angeles Hit-and-Run Accident Kills Teen in Canoga Park" »

A 21-year-old Covina man allegedly responsible for a drunk driving accident in Los Angeles is facing criminal charges following the St. Patrick's Day crash, the San Gabriel Valley Tribune reported.

Serious traffic charges require an experienced L.A. Criminal Defense lawyer, including charges of DUI, vehicular manslaughter and hit-and-run charges in Los Angeles.

As we reported last month on our Los Angeles Criminal Defense Lawyer Blog, St. Patrick's Day has turned into one of the biggest party days of the year in the United States.

In this case, police say the driver crashed into a tree and a brick wall. His 19-year-old driver died at the scene. He is facing a murder charge, a charge of driving under the influence of alcohol and a charge of driving with a suspended or revoked license. Officials were not able to administer a field sobriety test but report a blood test showed he was driving over the legal limit.

In a separate case, the Examiner reports a Los Angeles man is facing charges in connection with the hit-and-run accident that claimed the life of a San Diego teenager.

He was taken into custody by the California Highway Patrol and accused of driving the vehicle that struck and killed an 18-year-old victim walking on I-805 in the area of North Park.

Continue reading "DUI Charges, Hit-and-Run Charges in Los Angeles require Aggressive Defense" »