Legal Question in Criminal Law in California

Hit and Run defence

A 'hit&run property damage' criminal complaint has been filed against me by the CP in Pasadena. Just after the accident, I exited my car and moved towards the other party who was waiting for me to approach. This being a high-impact collision, I was disoriented unable to think clearly, and it occured to me the other party was quite agitated and possibly dangerous. I therefore entered my car and drove home. The next morning, I went to the police station to file a report.I was told I was hit and riun suspect. I filed my side of the report and was told charges would be brought against me.

On my initial court date, I was granted continuance on the basis of seeking private counsel. I had initially requested a public defender who, in the two minutes he spent with me, asked how I wanted to plea. Pressured into making a decision, I said I needed more time to go over the specifics. The PD said he'd get me a continuance.

My questions are:1)Did I wave my right to a public defender? 2)Do I have a shot at getting the case dismissed if I show the other parties damages were compensated, and can convince the court running away wasn't my intention? 3) Can I get another continuance for time to obtain supporting documents for dismissal? Thank you


Asked on 12/01/04, 8:06 pm

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Hit and Run defence

The likelihood of getting this dismissed is not good, with or without competant counsel. You left the scene, and will have a tough time showing how that was 'justified'. You should get counsel, and might be able to get another continuance if you can convince the court you are serious about doing so. If you qualified for public defender, there is the question of your ability to pay the attorney fees that will be required. If you are serious about hiring counsel, contact me to discuss the facts, witnesses, etc.

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Answered on 12/02/04, 3:01 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Hit and Run defence

You better get represented. The court is unlikely to entertain a PD for you now after you has already obtained a continuance on the grounds of wishing retained counsel. Call me directly at (619) 222-3504.

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Answered on 12/01/04, 8:10 pm
Arthur Khachatourians Tyler & Wilson

Re: Hit and Run defence

You ask very good questions. First, I would continue your arraignment. Then I would file "informal discovery requests," which is the period in obtaining additional information. Next I would plead not guilty. There is also california criminal code section 1719, which is civil compromise which could be applicable in this case to drop the charges. Give me a call. I will help you on how to do this. Arthur Khachatourians, ESQ 323-655-7180 or 818-590-8294.

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Answered on 12/01/04, 8:11 pm
Okorie Okorocha California Legal Team

Re: Hit and Run defence

Getting cases dismissed really depends a lot on the specific facts. The prosecutors in Pasadena, in my experience are more open to negotiation than other cities. My office is in Pasadena, go ahead and call me on my cell phone if you would like to discuss the matter for free.

310-871-3217

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Answered on 12/01/04, 9:02 pm


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