Legal Question in Criminal Law in California

Hit and Run how to ple

Can i plead guilty with contest?or different than guilty to lessen the $ charges and license restrictions.4/15/06 female,21,alone,sober,driving 2002 Honda civic,involved in a hit-run.rainy night 3:00a.m.no street lights,swerved to avoid hitting parked car on right, crossed over lane, went over curb and hit one small section of a chain link fence of a small plant nursery business,1 mile from home.i was scared thought i just hit the curb,didn't get out of car,went home.next day,prop owner found my front licence plate called the highway patrol,county property,he came to my home.i had full intentions of contacting property owner that day,buthadn't by time he came,late a.m.he was very rude to me,was crying and upset.i was very cooperative with him.said i would hear something in 2 wks.6/15 rec'd info to appear on 7/18.i took pics within 2 days.shows 3 metal poles propping up fence,not the area where I hit it.you could easily see my small area of damage.fence was already damaged.got copy of police report which states 30' feet of damage, not accurate.after accident i immediately contacted my ins co for my car repairs.within 2 wks new decorative concrete wall was built. prop owner never contacted my ins co. ? should i suffer this convictio


Asked on 7/16/06, 8:59 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Hit and Run how to ple

If you plead guilty, you get convicted. If you want to fight it, because of the facts you allege, then hire an attorney and do so. Hit and run is a serious charge, so consider the consequences before pleading guilty. A good attorney may be able to work out an acceptable 'civil compromise' that will allow you to pay damages and have the charges dropped. Feel free to contact me if interested in doing so.

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Answered on 7/17/06, 12:57 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Hit and Run how to ple

A civil compromise will result in the case being dismissed. You would have to pay the damages that resulted from you collision. Consulting an attorney would be advisable in this case, as there is case authority that cases such as this should be settled by civil compromise.

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Answered on 7/20/06, 2:17 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

re: Plea to Hit and Run

Thanks for your posting, and the opportunity to respond. There is no such thing as pleading "guilty with contest", although the court may allow you to plead guilty, not guilty, or no contest.

A no contest plea has the same effect and consequence as a guilty plea, but can't be used against you in a civil lawsuit for damages, which it appears from your particulars might be an issue in your case.

I'd strongly recommend you at least confidentially consult with an attorney before you decide to plead. In most cases, your case will be ordered to another department to ascertain how much, if any, restitution you would have to pay, and if the property owner has not responded to requests to pay restitution, you may be able to negotiate a dismissal or reduction of the charges, or plead, without having to pay restitution damages.

I hope this answer helps, but if you'd like more information, or have further questions, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.

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Answered on 7/16/06, 9:11 pm


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