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Charged with a hit and run because someone saw me pulling out of a parking spot and saw a scratch on a car, I hit nothing.

Charlotte, NC |

I changed parking spots for more space and went in to eat. The cops pulled me over 5mi after I had left the place after a 2hr dinner. I did not hit it and my passenger also told the cops the same thing. The cops said they waited for me, but no one including the car owner, or the witness said anything to me. The cop was rough, threatened jail and kept yelling I was lying(he was trying to force me to say I did it). He denied me access to my medication I needed. I was nervous because I didn't hit anything but was respectful. I was charged with a misdemeanor and can't afford a lawyer. I have a completely clean background. Can I ask for an attorney when I go to court? What happens if I get charged? If I ask for an attorney what happens next? Can it drop? What if the cop doesn't show?

The witness is the one who called the cops, I'm assuming after I already went in the restaurant. I wasn't told his/her, or the car owner's name and neither contacted me. The reason I changed spots is because the frontend section of my car (which was the only part ever in the spot) looked tight and my passenger said she probably would be able to get her door open. I was dumbfounded because his only proof was a scratch that has been on my car (it's 14 years old) before I was given it. Cop said the other car also has a small scratch. If I hit someone why would I stay in the same location for 2 hours? Is this not one person's word against another? The cop did not give me any info on the car I "supposedly" scratched or the owner. Can I get it dropped if I offer to fix it? (this seems to be cheaper than court and attorney fees)

Attorney Answers 3


  1. This is really a criminal defense question. Apply for a public defender when you get to court. The charges sound excessive under the circumstance. You certainly have a good defense, however, the cost of clearing your name may cost you many times the cost of the repair itself.


  2. Ask for a court appointed attorney. You definitely need an attorney. The court should appoint an attorney on the first court date then continue the case for you to meet with your attorney.


  3. I agree with my colleagues. The charges seem excessive based on what information you've shared in your post. You need to get an attorney to handle these charges and should request that the court appoint one for you if you cannot afford one. In the meantime, since you say that the car came to you with the scratch that has been identified as happening during the incident, I would suggest that you look for any pictures you may have of the car from before that date. If you are still in contact with the person who gave you the car, it might be worthwhile to see if they would be willing to testify under oath to the existence of the scratch when they gave it to you. But definitely get an attorney. Best of luck.

    This response does not establish an attorney-client relationship between the questioner and any attorney associated with Hixson Law, PLLC. Responses should be considered and used for informational purposes only. Be advised that every state has its own statutes of limitation and case law that govern the handling of all criminal and civil matters. All legal matters should be discussed with an attorney who is licensed to practice in your state prior to making any decisions or taking any actions. Please use discretion when discussing case details online or in any other public forum.

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