Misdemeanor Hit And Run: Can I Avoid Jail?

Misdemeanor hit-and-run is defined by California Vehicle
Code Section 20002. This section essentially requires the driver of a vehicle
who is involved in a collision—directly or indirectly, to stop at the scene of
the collision and provide their identity, contact information and insurance
information. criminal defense
lawyers are well aware that failure to meet the requirements of California’s
misdemeanor hit and run law will result in steep penalties. Conviction of
misdemeanor hit and run carries the possible penalty of six months in the
Orange County jail.

A good criminal
defense attorney will seek to find a remedy that does not require their
client to serve any time in jail. My favorite alternative, and one I almost
always request from the court, is called a compromise. Under Penal Code Section
1378, if a victim of a hit and run acknowledges to the court that they have
received satisfaction for the injury—that is, the defendant has paid for the
damage, and also states that they no longer desire prosecution of the
defendant, the judge has the discretion to dismiss the case against the
defendant. If the judge allows the civil compromise, not only does the
defendant avoid jail time, they avoid a conviction altogether.

Obviously a judge does not grant a civil compromise in every
case. In fact, it is the exception. This is where the help of a skilled Orange County criminal defense
attorney can be critical. It is often the discussion between your defense
attorney and the judge that takes place back in the judge’s chambers that makes
all the difference. If the criminal
defense lawyer is persuasive, the judge can be moved to allow for the civil
compromise to be allowed and the charge of hit and run to be dismisses. This
will depend, of course, on the facts of the particular case.

If you face charges for hit and run, call The Law Offices of
EJ Stopyro at (949) 559-5500 for a free and confidential telephonic
consultation with an experienced criminal defense attorney. You can also visit
us online at www.ejesquire.com. Our main
office is at 32072 Camino Capistrano, 2^nd floor, San Juan
Capistrano, CA 92675.