Legal Question in Criminal Law in Washington
A "False Report" results in "Hit & Run" charge, RCW 46.52.020.
A person has filed a report of a hit and run, in the lobby of Fife (Pierce County) Police Department. I had been driving a company van with name, phone number and license number clearly visible. There was no contact made between the two vehicles, neither of us got out of our cars during the drive through two intersections where we had stopped for red lights. I have responded to a phone call and then a letter from the Fife Police Department. By mail I have recieved a Criminal Traffic Citation, and I entered a plea of not guilty and now have a PTH in January. If I had an accident the company's insurance would provide coverage, I would have had an opportunity to fill out an accident report and the police could have been called to investigate. My feeling on this is, if I'm convicted she can sue the company to supplement her income. It's looking like the Police and Prosecuter are working for Scam Artist and I'm going to pay and then the company I work for is going to pay. I don't plan on having an Attorney with me at the PTH but, I will if it goes farther. Additionally, Should my company provide me with legal counsel? Should I expect reimbursement of expenses for legal counsel if not convicted? I'm not guilty of any wrong doing but, I have no faith in our system of justice.
2 Answers from Attorneys
"Hit and Run" prosecution
Your fact pattern is a little vague. Did you have some encounter with this person while driving such that you remember her at the specific "two intersections"? Or are you just reporting the details of her false complaint?
The suggestions below are general only and assume you wish to handle it yourself, but remember the old saying that he who represents himself has a fool for a client.
Did she fill out an accident report? If so, do you have a copy? If she didn't, file a complaint with Licencing pursuant to RCW 46.52.035 http://leginfo.leg.wa.gov/pub/rcw/title_46/chapter_052/rcw_46_52_035.
Have you checked on her? A good place to start would be the Pierce County Clerk's Office in the County-City building on Tacoma (I believe) Avenue between S. 9th and 11th. (South end of ground floor.) Search for her divorce file, criminal files, and civil lawsuits. The District Court is at the north end of the same floor (though probably not the same Division as Fife.) You can do these things yourself and may turn up some nuggets. You could also hire a private investigator as to her character. (A friend told me last week of a woman in a wheelchair who hit the back of his car and then claimed he had hit her!)
Be familiar with the court rules at http://www.wa.gov/courts/rules/state/crrlj/home.htm#A4
Have you obtained discovery pursuant to CrRLJ 4.7? http://www.wa.gov/courts/rules/state/crrlj/crrlj029.txt Request also information under subsection (3).
Read the discovery carefully. Did she claim your vehicle touched hers? If so where are the repair bills? If she has had the car repaired, she may have destroyed evidence. Ask the court for an order allowing your expert to inspect her car. Contact (or better, have a trusted friend with courtesy and good sense) contact all witnesses.
As to your company's paying for a lawyer, it might be to thier financial interest. Talk to them about it.
If you win, you may be able to sue her for malicious prosecution (except I believe that may require an arrest).
Additional comment re hit and run
Regarding contacting witness, you must be VERY careful not to in any way even appear to be intimidating the witness. The only purpose would be to get FACTS - what they know. I would strongly advise you to avoid contacting the witnesses yourself. If you choose to do it, have someone else do it. If they do a good job, you'll know more than the prosecutor.
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