Felony hit and run is very serious in any state. He needs a local criminal lawyer asap.
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I have added a criminal defense category to your question. Good luck.
I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
Potentially very serious charges depending on the facts. Leaving the scene greatly complicated the defense. Contact a defense attorney immediately.
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? They need a good defense attorney - one that focuses on
criminal law and who routinely practices in the court where this case will
Please pardon any typos - posted via mobile device.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
He needs to consult with a criminal defense attorney in his area.
I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.net Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
Have almost this exact fact pattern in North Orange County. Every case is different. Every defendant is different. Every surviving family makes the context different. But in my Fullerton case, there will be no jail time and a misdemeanor. In similar cases in Fontana currently pending, neither will result in manslaughter convictions, but in the DUI / Hit and Run (victim died), there will likely be a felony (hit and run) with misdemeanor DUI and some custody time, but not the significant state prison we expected at the start of the case.
As Mr. Dane explained, the degree, if any, of negilgence on the part of the driver as shown by the evidence will play a major role in the offers and ultimate disposition and/or conviction. A case involving a jay-walking decedent and a non-negligent or ordinarily negligent driver is quite defensible, and potentially not a crime at all. It is important to know the circumstances of the flight from the scene and have an attorney capable of articulating the autonomic nervous system response to such a traumatic event. The fight-or-flight response disengages the executive functions of the brain and people often "flee" momentarily until they regain their senses. Your description - "he did panic" is particularly apt. It's natural, but some prosecutors need to be educated. Terrible tragedy, but not a crime. One side note, expired licenses don't allow for provisional driving.
I wish you well,
DUI DUI and driver's license penalties Misdemeanor DUI Negligence and personal injury Personal injury Evidence for personal injury cases Hit-and-run personal injury accidents Types of personal injuries Personal injury and car accidents Drunk driving and personal injury Criminal defense Felony crime Crimes against society Criminal charges for manslaughter Jaywalking tickets Government law Evidence
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