Joseph Briscoe Dane’s Answers

The biggest determining factor will be what the DA files and ultimately what, if anything they're convicted of. It could be anything from misdemeanor manslaughter (no intoxication & primary negligence) to felony (no intoxication but with gross negligence) to nothing if they were not at fault. There is the hit and run aspect to deal with though. Nobody here can guess at an outcome without knowing all the details, including why they didn't have a license at the time. Bottom line?...

That law firm is one of several that contract with retailers to do exactly what they're doing: send out intimidating letters to try to get you to pay money after an accusation of theft. Their demand letter has nothing to do with criminal charges - not paying it does not mean that they criminal charges will be filed, nor does paying mean that no charges will be filed. In reality, these firms rarely, if ever, file a civil suit. Why? Because the cost and hassle of doing so isn't worth it...

If they're claiming injuries, you could be looking at felony hit and run charges. If the injuries are minor or it's only property damage, you could face misdemeanor hit and run charges. They may have assumed or speculated you were drinking, but without proof that you were under the influence, they could never prove a DUI case against you. Under any of the circumstances, you're facing criminal charges that carry points on your DMV history, probation, potential jail time and/or fines...

Absolutely not. A DUI requires a vehicle - that is specifically defined in the Vehicle Code as something that is driven or drawn upon a highway, but excludes something moved exclusively by human power. There may be other charges, but a DUI is NOT possible.

Your attorney can possibly advance the case, but you must be present. Discuss this with your attorney - I'd the case is not filed by your arraignment date, there is nothing to appear on.

You posted under tr criminal defense category, but it sounds as though you didn't do anything and won't face any criminal charges. If I misread that and you were in fact arrested or cited, then contact a criminal attorney for a consultation. If you're asking what can be done about the conduct of the store security, that's a different matter. Yes, they are allowed to detain somebody they suspect of theft, but if they acted unreasonably, there may be an issue. The question will be - what are...

In order to prosecute you for DUI, they would have to prove that you were in fact under the influence of something - alcohol or drugs. Without a chemical test of any sort, I doubt they would be able to. You don't mention anything about field sobriety tests or other ways they would be able to prove any impairment aside from the accident itself. If you were in fact cited and have a court date, it is probably worth sitting down face to face with a local attorney to discuss your options and be...

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"Wins and losses" in the criminal setting is hard to gauge. Every case is unique, so every outcome depends on the facts of the case, what legal and factual defenses are available, etc. Having said that, what's a "win"? Getting charges dismissed on a legal issue? Winning a motion to suppress evidence? Getting a not guilty verdict at trial? A lesser charge? A favorable plea agreement? The only way to really assess attorneys is to do what you are doing - online research, backgrounds...

First - take a breath. Through any and all factual defenses, legal defenses and other means, your goal is to avoid a conviction, not just avoid jail time. Your good background will absolutely come into play here. Aside from your background, when you say this was at Macy's, that tells me their investigation is probably flawed. Macy's personnel routinely violate the law during their investigations. Without discussing this further with you, I can't say for sure they did in your case, but I have...