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.
If you have lived in Los Angeles for any amount of time, let alone visited for more than a day, you know that LA has its fair share of cars and traffic. What you also probably know is that with that amount of traffic, Los Angeles’ hit-and-run incidents far exceed the national average. In fact, in 2009, 48% of crashes in Los Angeles were hit-and-runs, compared to a national rate of 11%.
ABC’s ’20/20′ ran a piece which focused on Los Angeles Police Department Detective Felix Padilla, who has been working in LAPD’s traffic division for over 10 years. Padilla told ABC that his division alone sees an average of 8,000 hit-and-run incidents a year and that in 2013, there have already been 16 fatal hit-and-runs incidents.
The problem for law enforcement in a hit-and-run investigation is that an arrest and prosecution hinge on eyewitness testimony and many do not want to cooperate with the police. Padilla talked about how the LAPD can impound the car during an investigation, but that doesn’t mean much if they don’t have the driver identified.
Another problem for the LAPD is Los Angeles’ large number of undocumented immigrant residents, many of whom drive a car even though they cannot legally obtain a license. If they get into an accident, many fear criminal prosecution and deportation and decide to flea the scene.
If you have been involved in a hit-and-run in Los Angeles, it is important that you contact an attorney before answering any questions by law enforcement or before you make any statements. Many times people are scared of what has happened and will try to “talk their way out” of getting arrested or charged with hit-and-run, which never happens and often leads to incriminating statements used in the incident report that prosecutors see. What you should do is allow your attorney to communicate with law enforcement on your behalf to not only avoid those pitfalls, but see if there is a way to avoid any charges being filed.
If misdemeanor hit-and-run charges do end up getting filed, it is important that you talk to your attorney about the possibility of a civil compromise or getting your hit-and-run charge reduced to a non-point traffic infraction. Many times your attorney can work with the victim outside of the courtroom to achieve these desired results and a reduction or dismissal of your criminal charges.
If you have been arrested or charged with a hit-and-run in Los Angeles, Hollywood, Downtown, Santa Monica, Beverly Hills or Burbank, contact attorney Ross Erlich 24/7 for a free consultation.
Nathan Campbell, accused of ramming pedestrians on the Venice boardwalk over the weekend and killing one, pleaded not guilty on Tuesday to one count of murder, 16 counts of assault with a deadly weapon and 17 counts of hit-and-run.
Campbell was in custody in front of Airport Court felony arraignment judge Keith Schwartz who set bail at $1.48 million. Campbell is currently being represented by a Los Angeles County Public Defender who told press he does not believe his client intended to kill anyone.
For those unfamiliar with this incident, Campbell was arrested after police say he intentionally drove his car around barriers on the Venice boardwalk and aimed his car at pedestrians. One woman was killed as a result of the impact.
It has since been discovered that Campbell has had arrests in Colorado and Florida for shoplifting and reckless drivings under the influence of alcohol. Further details reveal that Campbell may have been living out of his car and has ties with the homeless community in Malibu.
Campbell is facing some serious charges at the Airport Courthouse and, if convicted, could be facing life in prison.
If you have been arrested for assault with a deadly weapon or hit and run in the Airport Courthouse, it is important for you to consult with an attorney before making any statements to the police or other law enforcement personnel. Communicating (through your attorney) with law enforcement and the prosecutor’s office early may help you either avoid having any charges filed against you or get a reduction in what would have been originally charged. Sometimes hit-and-run’s can be resolved through a civil compromise which permanently suspend criminal proceedings against the accused.
Serious charges requires a serious criminal defense attorney. If you have been charged with a crime in the Airport Court, CCB, Criminal Courts Building, Pasadena Court or any other court in Los Angeles County, contact attorney Ross Erlich 24/7 for a free case consultation.
A 70-year-old man is in custody after police say he failed to stop his car after hitting a woman and her toddler with his SUV in the North San Fernando Valley last week.
Witnesses at the scene told police officers that the toy car the toddler was in was pushed by the man’s car for approximately one block before bystanders flagged down and stopped the driver.
The man was driving his car without a license and was arrested on suspicion of felony hit and run, a violation of California Vehicle Code section 20001.
Witnesses at the scene also told officers that it appeared the man was unaware that he was pushing the toy car with the toddler inside of it and that he only drove approximately one block.
California Vehicle Code section 20001, more commonly known as felony hit and run, is a “wobbler” in the state of California. This means the prosecutor can charge this crime as either a felony or a misdemeanor, usually depending on the facts of the case and the suspect’s prior criminal record.
If the hit and run is charged as a misdemeanor, the defendant is looking at a maximum of 1 year in the county jail and a $1,000 fine. If the accident resulted in death or some other serious injury, jail time is usually always sought.
If the hit and run is charged as a felony, the defendant is looking at a fine between $1,000 and $10,000 and between 16 months to 3 years in state prison. If there was death or serious injury, typically the state prison commitment goes up to between 2 to 4 years.
If you have been in an accident in California, you are required by state law to stop your car, identify yourself and provide your license, insurance, registration or any other relevant documents to the other driver.
If you have been arrested for, or charged with, a hit and run in the Los Angeles area, it is important to contact an attorney before making ANY statements to law enforcement. After years of experience handling hit and run cases, I have only seen these statement come back to hurt people’s cases. Contacting an attorney early on in the process can help facilitate a civil compromise or other possible resolution to your case which can avoid a conviction on your record and points on your license.
If you have been involved in a hit and run in Los Angeles, Hollywood, Beverly Hills, Santa Monica, Pasadena, Burbank or any other part of Los Angeles County, contact attorney Ross Erlich today for a free consultation.