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Category: Hit & Run

Do I Need a Criminal Defense Attorney if I am Innocent?

Posted on by Ross Erlich

Short answer is yes.

If you think you’ve been falsely accused, or arrested, for a crime you didn’t commit, you are not alone.  There are countless examples of people who have been arrested, and even charged, for things they haven’t done.  Witnesses who are incorrect, victims who are lying or misleading, facts that don’t add up, etc.

One may think that the right course of action is to cooperate with law enforcement and that there is no need to hire a lawyer.  Great, save some money!  Well, probably not the best idea.  Remember, the prosecutor cannot use your right to remain silent or your hiring of a lawyer against you.

In fact, if you are a suspect in a case, simply denying your involvement is not going to help much.  Cops have heard that thousands of times.  Law enforcement do not determine your fate in court, they do not file or dismiss criminal charges, they do not offer plea deals.  Their job is to investigate and make an arrest, with the emphasis on the make an arrest part.  It is easier for them to put together what they believe to be facts support your guilt, make an arrest, and pass it along to the prosecutor’s office.  They “tend” to believe you are guilty, then look for facts to support that belief.

Let me give you a story about a former client that might help illustrate the purpose of this blog post.  I represented a woman a few years ago who was charged with felony hit-and-run and felony assault with a deadly weapon causing great bodily injury for, allegedly, causing an accident with a speeding motorcyclist (estimated at 60mph) who broke his leg and then she left the scene.  This happened in the San Fernando Valley near a large big box shopping store and alongside a major busy street.  She came to me, while being represented by another attorney, after she had already had her preliminary hearing (evidentiary hearing determining probable cause in the case) and after a judge had determined there was enough probable cause that this crime was committed by her.

The police and prosecution’s take was that she had caused this accident and then was found parked alongside the business driveway of this big box store doing paperwork in her car.  There was a witness who believed her saw her car, believed to have followed her through the parking lot (even though he lost sight of her), and then came across her car parked where she was.  The police were wearing body cameras when they approached my client and you could see a few key things in that footage.  A complete lack of any damage to her vehicle, her being cool, calm and collected, a car that was filled with lots of boxes of paperwork (which wasn’t strewed about after an accident) and windows that were not tinted.  Oh, there was also some security camera footage from a taco truck that was across the street.

The prosecutor’s office believed that the eyewitness had, in fact, seen what he claimed to have seen, believed that the not-so-great security camera footage was my client’s car and, despite body camera footage and police report documentation that showed no major body damage, still believed my client was good for the crime.

Also keep in mind that my client was adamant about her innocence, often pointing out discrepancies in the reports, and looking for an attorney who could help her prove her innocence.  She had also just spent months with a different lawyer going back and forth to court with them believing she did it and, ultimately, having a preliminary hearing where the prosecutor was able to convince the judge that she did as well.  Not to mention, her defense attorney, who had access to the same evidence I did, couldn’t prove her innocence.

When I got on the case, I knew that my client was telling the truth.  The security camera footage showed the car driving down then main street after the accident away from the business driveway where she was found, there was no damage anywhere on my client’s vehicle from an accident like this, the security camera footage seemed to show 2 persons in the vehicle that caused the accident and a 911 caller mentioned that they believed the car to be a Honda Civic, which was not what my client was driving.

So, what do you do now?  The most stressful client a lawyer can have is an innocent one.  There is a reason this is a commonly known phrase.  You can see in this example how an innocent person could make it halfway down the road towards either a conviction or a forced plea deal to avoid the potential damage a conviction at trial could cause.  How an innocent person could go to court multiple times without having their innocence proven.  It’s a scary thing.

What I had to do was to clearly, and overwhelmingly, show the prosecutor the evidence that they may have overlooked which, when added up, equaled innocence.  I had to put together a package that included timelines, clips of video, mentions to 911 call, lack of car damage, her statements to police.  Had an investigator drive through the parking lot with me on video to show how it was almost impossible for this witness to maintain view of this car through the parking lot.  Even after all of that, the prosecutor needed to take that all and present it to the supervisor to get permission to dismiss.  This was a months-long, multiple appearance effort on my part, not something that just got remedied in one court appearance and a quick conversation.

Eventually, all charges were dismissed against my client.

As you can see, even if you are innocent, it is crucial to have a skilled Los Angeles criminal defense attorney represent you.  Even in this example, police saw who they thought was “good for” the crime and put together the facts they could find to support it.  No matter that my client proclaimed her innocence from the time she was contacted by police up until this very day.

If you or someone you know has been charged with, or is being investigated for, a crime here in Los Angeles or surrounding counties, contact attorney Ross Erlich today for a free consultation.

Mental Health In County Jails And California’s Mental Health Diversion Program

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One thing that any criminal defense lawyer in Los Angeles or any other southern California community knows is that the area’s county jails have become the largest mental health provider in each respective county.  You can trace this back some 50 years to the closing of many mental health hospitals, but the fact is, county jail is the de facto treatment center.

In the local southern California counties, the mentally ill inmate population has been on a steady incline over the years.  The percentage of inmate with some identifiable mental health issue is up to 25% in San Bernardino County, 30% in Orange and Los Angeles Counties and up to 45% in Riverside County.

While county jail is not the preferred place to treat the mentally ill, counties are at a loss when it comes to resources and the ability to divert mentally ill persons who may commit crimes, many of those crimes a result of their mental illness.  There have been numerous lawsuits against county jails that arise out of unhealthy conditions, cramped and crowded environments, being kept in isolation, and lack of supervision, therapy and appropriate medication.

As a result of these lawsuits and their settlements, Los Angeles County has given their jail deputies better training for handling and identifying mental health issues and suicidal risks, removed certain suicide hazards from housing areas and have improved the wait time for new at-risk inmates to be screened.

Los Angeles County will also be replacing the old and outdated Men’s Central Jail with a new facility that will be focused on mental health and run by the county health department.

One other option if you or a loved one suffers from a mental illness and has been charged with a crime in Los Angeles County is the county’s (relatively) new mental health diversion program in the courts.  This program has been codified in California Penal code section 1001.36.

This diversion allows judges the discretion to help criminal defendants who suffer from a mental illness to obtain treatment in lieu of the more traditional penalties such as jail or state prison and convictions on their criminal record.

Some key points of this diversion program are that it applies to both misdemeanors and felonies and it can be implemented at any point during the criminal proceedings, until trial.  Additionally, the treatment must meet the accused’s needs, it may be obtained through private or government funds, it must provide the court regular progress reports and it can last no longer than 2 years.  If a person is successful with mental health diversion, their criminal cases will be dismissed and the arrest record will be sealed for most purposes.  It will almost be as if the arrest never took place.

In order to qualify for mental health diversion, all of the following must be met:

  • The defendant must show that they suffer from a mental health disorder
  • The disorder must have played a significant role in the commission of the crime
  • A qualified mental health expert must give the opinion that the defendant would respond to mental health treatment
  • The defendant must consent to the mental health treatment
  • The defendant must agree to comply with treatment as a condition of diversion
  • The court must believe the defendant will not pose an unreasonable risk of danger to public safety

If you or someone you know suffers from a mental illness and has been charged with a crime in Los Angeles County, Orange County, San Bernardino County or Riverside County, contact Los Angeles criminal defense lawyer Ross Erlich today for a free consultation.

LAPD Commander In Some Hot Water

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The Los Angeles Police Department is investigating the circumstances surrounding the discovery of a top commander’s unmarked police vehicle being involved in a collision and found abandoned in Carson.  The commander, who oversees a team of officers that investigate officer-involved shootings, has been assigned to home pending the outcome of this investigation.

The unmarked car was found Friday morning after Carson Sheriff’s station received two calls about the car being abandoned.  The car has collision damage and was missing a wheel.

Now, anyone with common sense would probably think there is only one reason why an incident like this would occur – drinking and driving.  Of course there may be other explanations – he was distracted, was doing something during the accident that he should not have been doing, etc.  But, in my experience, when a car that was involved in a collision is abandoned, typically the driver was under the influence.

If a vehicle is left at, or near, the scene of a collision and no one is there upon law enforcement’s arrival, their ability to prove that a DUI was committed is difficult.  They will have a hard time being able to establish the time of driving, whether the registered owner was the person operating the vehicle, they might not be able to obtain any blood alcohol sample, can’t show that the person didn’t ingest any substances after driving, etc.   What they are more likely to be able to do is to pursue an investigation for hit-and-run and leaving the scene of an accident without exchanging insurance information.

In order to be convicted of a hit-and-run in California, the prosecutor must prove, beyond a reasonable doubt, that you left the scene of an accident, without first identifying yourself, and another’s property was damaged in the accident.  A hit-and-run, while not the most serious crime on the books, can lead to a number of unpleasant consequences for a person convicted of one.  Not only is it a conviction on your record, you will be faced with fines, probation, 2 points on your license from the DMV and are likely to be responsible for any restitution to the victim.

If you or a loved one has been charged, or is being contacted by law enforcement, for a hit-and-run, contact attorney Ross Erlich as soon as possible.  There are many options available to you/our side on these cases and many of them begin with how we handle things in the initial stages.  Attorney Ross Erlich handles hit-and-run cases in Los Angeles, Orange, San Bernardino and Ventura counties.

Man Gets Probation For Hit-And-Run Causing Death

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A 55-year-old man who fled the scene of a vehicle-versus-pedestrian crash in Studio City that killed a musical collaborator of singer Christopher Cross was sentenced Monday to three years formal probation.

The Defendant, who earlier pleaded no contest to hit-and-run driving resulting in death, was also ordered to complete 18 months of mental health counseling as part of the sentence negotiated with prosecutors.

Vehicle Code section 20001, also known as felony hit-and-run involving death or injury, is a wobller in California.  That means that the District Attorney may prosecute the crime as either a felony or misdemeanor, depending on the conduct and facts of the case.  A misdemeanor is punishable by a fine of between $1,000 and $10,000 and no less than 90 days of county jail and no more than 1 year in county jail.  This is a 2-point violation on your driver’s license and you are also subject to payment of restitution.  A felony is punishable by the same fine, 2, 3 or 4 years in the state prison, restitution and the same point violation on your driver’s license.

If you have been contacted by local law enforcement regarding a hit-and-run, or have already been charged or booked on hit-and-run charges, contact attorney Ross Erlich as soon as possible.  Consult with an attorney before speaking with law enforcement, before walking into court and before you consider pleading guilty because “I did it, what’s the point of fighting the case?”  There are oftentimes many ways to resolve these types of cases, including, but not limited to, civilly compromising the case with the victim in order to have your case dismissed and establishing that you did not legally flee the scene of the accident, among others.

Do yourself a favor and consult with attorney Ross Erlich, for free, to learn what options are available to you before you make your first move.  Ross Erlich handles hit-and-run cases in Los Angeles county, San Bernardino county, Ventura county, Orange county and Riverside county.

DUI arrest after bicyclist killed in hit-and-run in the San Fernando Valley

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A man riding a bicycle was struck and killed in a hit-and-run accident Thursday morning in Van Nuys, with the driver taken into custody on suspicion of driving under the influence.

Police responded about 3:45 a.m. to Haskell Avenue and Stagg Street and found the victim, said Officer Norma Eisenman, a spokesman for the Los Angeles Police Department.

The cyclist was struck from behind and pushed up to 40 feet, NBC4 reported.  The driver fled the scene and was found about a mile away at Woodley Avenue and Saticoy Street, where he was taken into custody, Eisenman said.

The driver was combative and fought with officers while being arrested and was transported to a hospital with unknown injuries, NBC4 reported.

So, you’re the drive, what happens now?  Well, you are likely going to be held on high bail and, in all likelihood, will face charges of felony hit-and-run, resisting arrest and felony dui causing injury and/or vehicular manslaughter while intoxicated.  All of which are serious offenses.

As discussed in prior blogs about DUIs and hit-and-runs, the technical facts surround the incident are crucial.  Did the officer(s) observe you drive?  If not, are there any circumstantial facts that would demonstrate driving?  What was your blood alcohol concentration?  Were you taking any medication at the time of the incident?  All of these facts are critical since prosecutors prosecuting DUIs rely on technical facts to prove their case.

It is also critical to contact the DMV within 10 days from the date of incident/arrest to prevent them from automatically suspending your driver’s license and request an administrative hearing.

Depending on the facts of your case, the extent of any injuries to victim(s) and other mitigation factors, punishment could range from no jail and probation to years in state prison and a year-long license (or more) license suspension.

If you or someone you know has been arrested for DUI, hit-and-run or DUI causing injury in Los Angeles, San Bernardino or Orange county, contact attorney Ross Erlich as soon as possible.  Attorney Ross Erlich can contact the DMV and request a hearing without having them automatically suspend your license and work to suggest steps you may take to improve the outcome in your case before you even go to court for the first time.

50 Years State Prison for Fatal Police Pursuit Under California’s Felony-Murder Rule

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A man who crashed his car into an SUV in Southern California, killing the driver of that SUV, while fleeing a residential burglary, pleaded no contest to first-degree murder and burglary and was sentenced to 50 years to life in state prison.

The men involved in the burglary were implicated in a residential burglary where a witness called 911 after seeing two of the three men involved kick down a door of a home while another waited in the getaway car.  When sheriff deputies spotted the getaway car, a police pursuit ensued and the car ultimately crashed into an innocent driver in an SUV.  The driver of the SUV was pronounced dead at the scene.

Now, you might be thinking to yourself, “how can this guy be charged, and convicted, of murder?  He never meant to kill anyone.”  Well, in California, we have the felony-murder rule which makes a defendant guilty of murder if he/she or a fellow co-conspirator kills a person while committing certain felonies, even if the killing was an accident.  Generally, someone is only guilty of murder if there intent to kill or someone acted with reckless disregard for human life.  The felony-murder rule allows for a murder charge even when there is no intent or reckless disregard.  The underlying felony must be one that is listed in California’s first-degree murder law (for first-degree felony-murder) or one that is “inherently dangerous” (for second-degree felony-murder).

As with all first-degree murder charges, first-degree felony-murder is punishable by 25 year to life in California state prison, life in state prison without the possibility of parole, or the death penalty.

If you, a friend or family member is facing a charge of murder, felony evading, resisting arrest, fleeing, burglary, home invasion or any other criminal charge in Los Angeles, contact attorney Ross Erlich as soon as possible.  Opening lines of communication with the district attorney during the early stages of the case can oftentimes be beneficial for the client.  Additionally, there may be the need to conduct our own investigation and preserve any surveillance footage, recordings, witness statements or other items to be used at a later date.

These felonies are often charged in the Los Angeles Criminal Courts Building (CCB), Van Nuys Courthouse, Airport Courthouse, Pasadena Courthouse, San Fernando Courthouse, Long Beach Courthouse and other courts throughout Orange County and San Bernardino County.

Argument Leads Woman To Hit Man With Car In Burbank

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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 wether 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.

Dine And Dash Hit-And-Run Suspects Formally Charged

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Formal charges were filed on Tuesday against four people accused of leaving a restaurant without paying their bill and subsequently running over the waitress who came out to confront them as they fled.  Charges include felony aggravated assault, felony hit-and-run with injury and misdemeanor defrauding an innkeeper.

The four suspects left the restaurant in Anaheim without paying their bill which prompted the young female server to follow them out to the parking lot to confront them.  As the suspects drove away, the waitress was struck by the car and knocked down, suffering only minor to moderate injuries.

Felony hit-and-run with injury is a serious crime in California and something that prosecutors take very seriously.  As you may know from the increased coverage of, and stricter laws regarding, hit-and-runs, they have become somewhat of an epidemic in Southern California.  Felony hit-and-run is punishable by either 16 months, 2 years or 3 years in state prison.  If someone dies or is seriously injured, that range jumps to between 2 to 4 years.

But wait, there’s more!  There may also be a license suspension from the DMV and/or 2 points added to your driving record as a result of this incident.  This is a completely separate proceeding from the criminal charges and should be something your attorney handles and takes into consideration when resolving your case.

If you have been involved in a hit-and-run in Los Angeles, read more about the nuts and bolts here.  Remember to always contact your attorney prior to speaking to law enforcement, even if you think you might have been justified in leaving, you might make incriminating statements that can be used against you later on.

Attorney Ross Erlich handles all aspects of both misdemeanor and felony hit-and-run charges in Los Angeles, Hollywood, West Hollywood, Beverly Hills, Santa Monica, Burbank and Pasadena.  If you were involved in a hit-and-run, contact our office immediately and let us be the ones to answer the cops’ questions, not you.

Teenager Killer, Brother Injured In North Hollywood Hit-And-Run

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A 17-year-old pedestrian was killed, and his brother seriously injured in a hit-and-run accident in North Hollywood that may have been the result of a street race.  LAPD Valley Traffic Division stated that it appeared the brothers were not in a crosswalk when they were struck.

Witnesses told the officers at the scene the suspect vehicle, which appeared to be racing another vehicle, fled the scene and got onto the freeway.

Being charged with a hit-and-run is a serious offense in Los Angeles County and something that local law enforcement agencies are taking more seriously as the number of incidents keep going up.  A conviction for a hit-and-run can result in up to 6 months in the County Jail and a $1,000 fine.  Additionally, there may be probation to the court for up to 3 years, victim restitution, court fines and 2 points on your driving record.

If you have been charged with hit-and-run in Southern California, it is important to talk to your attorney about the possibility of a civil compromise.  If the facts are appropriate, and your attorney can get the victim on board, a successful civil compromise will permanently suspend criminal proceedings against you and you can avoid a conviction, jail, probation andpoints on your license.

Being charged with street racing or speed contest is another, more serious, charge and can lead to greater penalties if convicted under that code.  Penalties for being convicted of “street racing” include a minimum of 24 hours in County Jail (and up to 90 days max), up to a $1,000 fine and 40 hours of mandatory community service.  In addition, the judge can order your drivers license suspended for anywhere between 90 days to 6 months.  If the race caused injury to another person other than you, the mandatory jail time goes up to 30 days and a minimum $500 fine.

If you have been arrested for, or charged with, hit-and-run or street racing in Los Angeles, contact attorney Ross Erlich immediately for a free consultation.  Ross Erlich has handled these matters in all courthouses in Southern California and has gotten these charges dismissed and reduced.  It is important to know your rights and not walk into court and simply plead guilty.  As this blog demonstrates – doing so may seriously impact your freedom and ability to operate a vehicle.

Santa Monica Hit-And-Run Kills Mother and Injures Daughter

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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.

Driver In Fatal San Fernando Valley Hit-And-Run Turns Himself In

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A man suspected of driving the vehicle that struck and killed a man using a walker turned himself into police on Monday afternoon with his attorney.

According to police, the victim was a man in his 40s who was walking on Ventura Boulevard near Gaviota, outside of a crosswalk, in the early morning hours when he was stuck by the suspect’s SUV.  Police allege the suspect then fled northbound on Haskell Avenue.

The suspect turned himself into the LAPD’s Valley Traffic Division later in the day with his attorney and was booked and being held on felony hit-and-run charges.  His bail was set at $50,000.

If you have been involved in, or arrested for, a hit-and-run in Los Angeles, I would recommend first reading our office’s previous blog detailing what are the first steps to take and how to protect yourself.  It is important to know that you are under no obligation to make any statements to the police without having your attorney present.  Remembering this fact, and actually following this advice, has helped prevent criminal charges from ever being filed against many of our office’s clients.  It is just as important to know that if you are cooperative (through your attorney, of course) with law enforcement, there can be ways to resolve the matter outside of the courtroom.

Felony hit-and-run charges are much more serious.  There is the possibility of state prison time, a felony conviction on your criminal record and a significant impact on your California driver’s license.

If you or someone you know has been involved in, or arrested for, a hit-and-run in Los Angeles, Beverly Hills, Torrance, Hollywood, Santa Monica, Culver City, Pasadena or Van Nuys, contact attorney Ross Erlich today for a free consultation and case evaluation.  Making a call early in the process just may end up saving you from criminal charges.

LAPD Getting Tougher On Hit-And-Runs

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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 then 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.