An argument between a man and woman lead to the woman hitting the man with her car and fleeing the scene. The Burbank Police Department spokesman said that the male was transported to the hospital with complaints of pain.
In California, this type of hit-and-run is a felony and is charged under Vehicle Code Section 20001. A hit-and-run occurs when someone leaves the scene of an accident without first identifying themselves to the other party. In the case of a felony hit-and-run (VC 20001), this carries punishment of between 16 months to 3 years in state prison and a fine between $1,000 to $10,000. There will also be penalties from the DMV for any hit-and-run conviction which can run from points on your license to a license suspension or revocation.
Felony hit-and-run charges are “wobblers” in California. This means that it is up to the prosecutor weather or not to file the case as a felony or as a misdemeanor. Much of this decision comes from facts of the case, the suspect’s prior criminal history, mitigating or aggravating factors regarding the incident and the early interaction of a skilled and aggressive criminal defense attorney.
Attorney Ross Erlich is experienced in contacting and opening up a line of communication with law enforcement and the prosecutor’s office before any criminal charges have been filed. This allows for your side of the story to be told to the prosecutor before they make a filing decision and allows for the possibility of reduced charges or no criminal charges being filed at all.
Law enforcement and the local prosecutor’s offices in Southern California take hit-and-run charges very seriously. If you have noticed in the past couple years, hit-and-run incidents have been getting a lot of media press and state lawmakers have not only sought to increase penalties for these crimes, they are starting increased public safety measures against those who commit a hit-and-run. Attorney Ross Erlich has experience in dealing with these incidents early on, while law enforcement is still conducting their investigation, and has worked to get charges reduced or prevented altogether.
There are many ways to resolve a hit-and-run in Los Angeles so contact attorney Ross Erlich today if you would like to learn more and have a free case consultation.
A mother was killed and her child injured when a hit-and-run driver stuck the two as they were crossing Ocean Avenue at 1:00am last week. Both victims were from out of town and the younger female was treated for minor injuries at the hospital and released.
If you have been arrested, cited or sent a notice to appear regarding a hit-and-run, it is important to consult and attorney and take action on the matter early on. It is possible for your attorney to contact the victim(s) and their insurance company, determine the extent and amount of damage to their property and injuries, and resolve the matter outside of court without you ever having criminal charges filed against you. Even if formal criminal charges do end up being filed against you, it is still possible to resolve the matter without any conviction on your record through a civil compromise.
For detailed information on what to do if you are arrested for a hit-and-run, click on this link to read the firm’s prior blog about that topic in-depth. Keep in mind that a conviction under this code may carry license suspension, jail time, a 2-point penalty on your driving record, fines and fees to the court and restitution to the victim(s).
If you have been arrested for a hit-and-run in North Hollywood, Hollywood, Burbank, Pasadena, Los Angeles, Beverly Hills, Santa Monica, Culver City, or anywhere in Southern California, contact attorney Ross Erlich 24/7 for a free case consultation. Taking the right action early on is always the best way to handle a hit-and-run incident and the most likely way to prevent formal criminal charges against you.
20 Sep 2013
Los Angeles city officials, in partnership with the LAPD, have agreed to take a tougher stance on how it treats hit-and-runs in Los Angeles, including extending the statute of limitations on the more serious offenses.
LAPD estimates that there are approximately 20,000 hit-and-run incidents in the city each year and many of these involve property damage and even injury. The city of LA will begin seeking revocation of driver’s licenses for the person involved and the forfeiture of their vehicles. In addition to that, a new California state law extended the statute of limitations on hit-and-run incidents to six years.
You might be asking what all of this means to you. Well, first and foremost, it means that law enforcement and prosecutor’s will be taking hit-and-run charges more seriously and will be enforcing the law in a stricter fashion. Keep in mind that the city is seeking to revoke driver’s licenses and vehicles for those involved in these incidents, which are stiffer penalties than what we see now in Los Angeles.
If you were involved in a hit-and-run in Los Angeles, Hollywood, North Hollywood, Burbank, Pasadena, Santa Monica or Culver City, contact attorney Ross Erlich before you make any statements to law enforcement and know your rights. Our office has had many successes in protecting our client’s criminal records, driver’s licenses and preventing jail time for hit-and-runs all over Los Angeles and Southern California. Oftentimes we are able to enter into a civil compromise with the victim and get the criminal hit-and-run charge dismissed from your record.
If you have been charged with a hit-and-run and are wondering what to do next, contact Attorney Ross Erlich 24/7 for a free case consultation.
02 May 2013
Lindsay Lohan may be in some hot water with the law. Again. Lohan must provide proof to a Los Angeles Superior Court judge today that she has enrolled in rehab. The problems has been that, according to social network websites and other news media, Lohan has yet to get enrolled in any program. Additionally, a source in the Los Angeles City Attorney’s office said they had not yet received any news of her enrollment.
As you may recall, Lohan entered into a plea agreement whereby she would serve 90 days in a live-in drug rehabilitation facility without the ability to come and go as she pleases. This plea deal was in exchange for a no contest plea to misdemeanor reckless driving and providing false information to a police officer, stemming from her car accident on PCH. Additionally, Lohan must spend 18 months in psychotherapy and serve 30 days of community service.
Why such a harsh punishment you might ask? Well, Lohan was on probation at the time of this arrest and because of this, she faced increased penalties for violating the terms and conditions of her probation. One of the terms and conditions of all grants of probation is to “not violate any law or order of the court.” By pleading no contest to the new charges of reckless driving and providing false information to a police officer, Lohan violated her probation in the older case by violating a law while on probation.
I see many stories where people get into car accidents and decide to either leave the scene, committing a hit-and-run, or decide to give the responding police officer some inaccurate account of what happened. Many times this is done to cover something up, not be blamed for the accident or in an attempt to not get arrested. What you should be aware of is that lying or providing misleading information to a police officer can be a more serious charge then the underlying reckless driving or hit-and-run.
If you have been involved in a DUI, hit-and-run or reckless driving in Los Angeles and are set to go to the Van Nuys court, Airport court, Metropolitan court or Burbank court, contact attorney Ross Erlich before you decide to make any statements to law enforcement. It will probably be your best decision.