What can we expect if my daughter was involved in a hit and run? 52 Answers as of November 04, 2011

My 16 year old daughter was issued a citation for a hit and run in the high school parking lot. What is the worst penalty and should we bring a lawyer to court?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Yes, I'd recommend retaining a lawyer. Your daughter's charges will ultimately depend on a series of factors such as whether there was an injury, property damage, etc. Charges vary and will depend on how the prosecution intends to pursue the case.
Answer Applies to: Michigan
Replied: 11/4/2011
Law Firm of Martin & Wallentine
Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
Yes, you should hire an attorney . A hit and run is a criminal charge which will go on a person's record.
Answer Applies to: Kansas
Replied: 11/1/2011
Levine & McHenry LLC
Levine & McHenry LLC | Matthew McHenry
The penalty she faces depends entirely on her background and history, and the county in which this is proceeding. A hit and run is a misdemeanor crime. Your daughter should definitely have an attorney.
Answer Applies to: Oregon
Replied: 11/1/2011
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
She is only 16 it will be handled as a juvenile matter. You can obtain a lawyer for her. If you can't afford one, one will be appointed for her. Have your insurance pay for the damage and try to obtain juvenile diversion.
Answer Applies to: California
Replied: 11/1/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Leaving the scene of an accident is, at a minimum, a gross misdemeanor and may be much more serious if there was an injury to another person. A gross misdemeanor is punishable by not more than one year, or to payment of a fine of not more than $3,000 or both.
Answer Applies to: Minnesota
Replied: 11/1/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Hopefully, no one was in the car that she hit. If so, the charge becomes more serious. If there was no one in the car, then it is called "hit and run unattended". The max penalty is 90 days in jail and a $1,000.00 fine. There may be things that can be done to keep it from becoming a permanent part of your record (like a compromise of misdemeanor). Talk with an attorney about this possible option. It sounds like your daughter is in high school. If so, and she plans to attend college, a criminal conviction could be a "black mark" in her application process. Hire an attorney.
    Answer Applies to: Washington
    Replied: 10/31/2011
    Louie & Kitsuse
    Louie & Kitsuse | Calvin S. Louie
    Your daughter's matter will be in juvenile court. Hit and Run injuring a person can be serious. Depending on the county where you reside, there may be programs to avoid a conviction.
    Answer Applies to: California
    Replied: 10/31/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Hit and run is termed as leaving the scene of an accident. It normally involves a fine and cost, possible sentence of incarceration ususally probated, restitution, and a mandatory six month suspension of the person driver's license. Take a lawyer to Court.
    Answer Applies to: Alabama
    Replied: 10/31/2011
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    A hit and run is a violation, and can potentially be a large fine and impact on your drive record. From the New York State Vehicle and Traffic Law: N.Y. VAT. LAW 600 : NY Code - Section 600: Leaving scene of an incident without reportingb. A violation of the provisions of paragraph a of this subdivision shall constitute a traffic infraction punishable by a fine of up to two hundred fifty dollars or a sentence of imprisonment for up to fifteen days or both such fine and imprisonment. It is highly recommended given the punishment that you obtain a lawyer to represent you on this matter.
    Answer Applies to: New York
    Replied: 10/31/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    You should consider hiring an attorney in the jurisdiction where the incident occurred. In some cases, the charges can be modified to avoid more severe penalties which, depending on how it is charged, could result in loss of license and points on her record. The exact penalties can only be surmised, as the exact charge is not identified in your question. There are a number of different offenses that could fit what you describe, both state and ordinance violations, so a detailed "worst case" penalties cannot be identified. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 10/31/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    If your daughter is found guilty of leaving the scene of an accident (hit and run) then she is facing high fines and a mandatory loss of her driver's license. I would strongly suggest hiring a lawyer to represent her.
    Answer Applies to: New Jersey
    Replied: 10/31/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    You should always have an attorney. She likely will be placed on either informal - not a ward of the court- or formal where she would be a ward. If a ward she could be required to spend some weekends in juvenile hall as punishment, but this is not a certainty.
    Answer Applies to: California
    Replied: 10/31/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    This is a misdemeanor offense punishable by up to 90 days in jail and/or a $1000 fine. Seek representation. There is also restitution that is at issue.
    Answer Applies to: Minnesota
    Replied: 10/31/2011
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    Yes, always get an attorney. On a juvenile license she may incur twice the points needed to suspend her priviledge to drive in Colorado
    Answer Applies to: Colorado
    Replied: 10/31/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Your daughter will appear in juvenile court before a Judge. The DA will file a petition with the court setting forth the statutes that the child is alleged to have violated. If the child admits to the allegations in the petition, a treatment program is ordered. If the child denies the allegations in the petition, a hearing like an adult criminal trial is held. The child has the right to be represented by counsel at this hearing. Rather than trying the case to a jury, however, a judge hears the matter and decides whether the juvenile has committed the acts alleged in the petition. If the judge decides that the allegations have been proven, he or she may rule that the child is a status offender or a delinquent. She may be put on probation. While on probation, the juvenile must follow the rules established by the court and report regularly to her probation officer. The DMV will suspend her license to drive and she will have to pay for the damages.
    Answer Applies to: California
    Replied: 10/31/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Although the statute calls for jail time, as a possibility, I can almost guarantee you that she will not be going to jail, however, a conviction could impact her future life, as well as revoke or suspend her driver's license until she is 21. I would definitely advise you to retain an attorney for her, it will be to her benefit.
    Answer Applies to: Illinois
    Replied: 10/31/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should always retain a good criminal attorney if you are arrested or if your children are charged with a crime. She will probably be allowed to plead guilty to a reduced charge and get a fine. She will have to pay restitution for the property damage and if there was personal injury she will be charged with a felony and be responsible for the damages, hospital bills, and possibly get sued. If she drove your car or under your insurance you will be fully responsible for any damages. You should have a long talk with your children frequently about sex, drugs, shoplifting, responsible driving, drinking, and the consequences of violating any law.You can destroy your chances of getting into school or getting a good career if you get a criminal record and there is no way to erase a record once you have been convicted. Children and young adults are often very bad decision makers and need the advice of their parents and professionals who handle such matters. She is eligible for Youthful Offender Treatment since she is under 19 and therefore she will not have a criminal record, but she will not be able to use it again, so try to get the case dismissed so that she does not have to burn her YO.
    Answer Applies to: New York
    Replied: 10/31/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    She could take a conviction on her record, which would result in points being assessed against her driving record and would also result in her insurance being cancelled or at least made much more expensive. You should definitely hire an attorney before her court date.
    Answer Applies to: Missouri
    Replied: 10/31/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    The answer depends on the alleged facts of what happened and what section she was charged with. The least serious offense is a traffic offense and is NOT a crime and has a maximum punishment of 15 days jail and $500 fine. If someone is injured then it is a class A misdemeanor which would result in a permanent criminal record that can never be erased as well as up to one year in jail and $500 - $1000 fine. Note; She could be charged with a B misdemeanor which has a max punishment of 90 days jail and $500 fine if the conduct was merely a refusal to exchange license and insurance info and not actual leaving the scene. If the accident caused serious physical injury to someone then it is an E felony punishable up to 4 years in jail and a fine between $1000 and $2500. Also note that if she has a prior incident of leaving the scene, then the charges can bump up one level with the highest charge being a D felony, which has a maximum punishment of 7 years in jail and a fine between $2000 and $5000. As you can see, the consequences can be very serious and I would recommend you consulting with an experienced criminal defense attorney before going to court.
    Answer Applies to: New York
    Replied: 10/31/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Leaving the scene of an accident or "hit and run" is a misdemeanor offense in Minnesota. A conviction could result in a sentence of up to 90 days in jail and/or a $1,000.00 fine. Whenever a person is involved in a property damage accident with an unattended vehicle, Minnesota law requires you leave a written notice with your name and address in a conspicuous place on the damaged vehicle. If you fail to do so, you could be charged with a hit and run offense. A conviction will be certified on your driving record as a moving violation and may result in increased insurance rates. An experienced traffic defense attorney may be able to find legal loopholes to the keep the conviction off your record and you out of jail.
    Answer Applies to: Minnesota
    Replied: 10/31/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    The possible penalties can be quite severe, but the likely penalty and the way it will work out likely will not be too bad. However, minor drivers can only get 5 points per year (assuming she is under 18), and hit & run is a 12 point offense, so it makes sense to sit down with a lawyer, pay for an hour of their time, even if you don't hire them to handle the case, so you can get all of the information you need.
    Answer Applies to: Colorado
    Replied: 10/31/2011
    bark & karpf
    bark & karpf | peter bark
    If there was only property damage, the offense is a traffic infraction and not a crime. You don't always need a lawyer in court, but a sixteen year old should not go to court without one.
    Answer Applies to: New York
    Replied: 10/31/2011
    Law Office of James Bordonaro
    Law Office of James Bordonaro | James Albert Bordonaro
    She'll probably be able to apply for a diversion. I don't know the penalty off the top of my head. Always a good idea to have an attorney.
    Answer Applies to: Kansas
    Replied: 10/31/2011
    Greco Law Office
    Greco Law Office | Dominic Greco
    She can be convicted of the hit and run and lose her driving privileges until she is 21. An Attorney could lessen the charge and allow her to keep her driving privileges.
    Answer Applies to: Michigan
    Replied: 10/31/2011
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    You should consult with a lawyer as the answer to that question varies with the facts of the case, such as whether someone was injured or whether anyone was with the property that was hit.
    Answer Applies to: Pennsylvania
    Replied: 10/31/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    She likely isn't facing anything more than probation, a fine, and restitution, but having an attorney could help protect her record and would allow that person to deal with other collateral consequences such as her driver's license and insurance ramifications.
    Answer Applies to: Minnesota
    Replied: 10/31/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    You should bring a lawyer for any criminal charge. If she is in Juvi Court they will give her a free public defender and they usually only do Juvi Court so they are pretty good at figuring out the situation. Never face a criminal charge unreresented.
    Answer Applies to: California
    Replied: 10/31/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes you should get an attorney this goes on her criminal record (as a juvenile) but also on her driving record and can affect her ability to drive and get insurance.
    Answer Applies to: Michigan
    Replied: 10/28/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Always bring a lawyer to court. She can be charged with failure to stop and give information and also sued.
    Answer Applies to: Texas
    Replied: 10/28/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    It is a matter for the juvenile court at worst. You should retain an attorney who can attempt to prevent the probation officer and/or the Da from bringing formal charges.
    Answer Applies to: California
    Replied: 10/28/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Since your daughter is 16, she will be charged in adult District Court. Depending on the facts of the case, she would be facing either a misdemeanor or a gross misdemeanor. The former has a maximum penalty of 90 days in jail. The latter has 365 days maximum sentence. In all probability, your daughter will be offered some form of diversion that would involve community service and fines. You may also want to pursue what is called a "Compromise of Misdemeanor" with the person who's property was damaged. As long as there were no injuries and the other party is fully compensated, the case could be dismissed. That assumes that the injured party agrees to the dismissal and signs a document saying he or she has been fully compensated and does not wish to see your daughter prosecuted. Whatever happens, she will be required to pay restitution. When you go to court, make sure your daughter has her license and valid insurance proof with her. She should not discuss the facts of the case but she may want to speak with the assigned prosecutor about diversion or a Compromise of Misdemeanor. Apart from that, it's a good idea to have an attorney because we speak the language of the court, we know the rules and the personnel.
    Answer Applies to: Washington
    Replied: 10/28/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Due to the seriousness of this charge esp. if it involved a "serious injury or death" you absolutely should retain a lawyer to protect her ability to get into college/grad school and/or get a job.
    Answer Applies to: Pennsylvania
    Replied: 10/28/2011
    Law Offices of Paula Drake
    Law Offices of Paula Drake | Paula Drake
    The matter will be in Juvenile Court. It is a misdemeanor charge; you have the option of hiring private counsel. If you do not retain counsel, the court will appoint the public defender to represent her. The outcome will depend on several things. Often something informal can be worked out that could result in an eventual dismissal of the charges; anticipate having to pay restitution for the damages.
    Answer Applies to: California
    Replied: 10/28/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It is a misdemeanor crime and very serious. If she is a first offender, a criminal can be avoided in some cases.
    Answer Applies to: Michigan
    Replied: 10/28/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    It is up to you and your daughter as to whether you should hire an attorney. An attorney is there to protect your rights, answer your questions and make sure the proceedings are run according to law and court rule. As to what you can expect, probably fines and costs but an attorney in your area would be in a better position to answer your questions. Your daughter will also face licensing sanctions from the Secretary of State.
    Answer Applies to: Michigan
    Replied: 10/28/2011
    Law Office of Elizabeth B. Carpenter, Esq.
    Law Office of Elizabeth B. Carpenter, Esq. | Elizabeth B. Carpenter
    A hit and run driving is the intentional failure of the driver of a vehicle involved in or causing any accident, to stop such vehicle at the scene of the accident, to give his identity, and to render reasonable aid. C.(1)(a) Whoever commits the crime of hit-and-run driving where there is no death or serious bodily injury shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both. Yes. You should hire a lawyer because he may be able to have it dismissed or reduced.
    Answer Applies to: Louisiana
    Replied: 10/28/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Considering her young age, I would suggest you consult an attorney as there will be a definite license suspension if there is a conviction, yet alone the increase to your insurance.
    Answer Applies to: New Jersey
    Replied: 10/28/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    The penalty depends on the circumstances; i.e. your daughter's record, how much damage was done, etc. You should consult a lawyer before going to court, as your daughter stands to risk loss of her license among other penalties.
    Answer Applies to: Nebraska
    Replied: 10/28/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Yes. You should absolutely hire an experienced criminal defense lawyer to represent your daughter. A misdemeanor hit and run is punishable by up to 6 months in county jail or juvenile hall and payment of up to a $1000 fine plus a penalty assessment. However, it is difficult to predict what is possible on your daughter's case without first knowing on all the facts and circumstances involved such as whether anyone was injured, nature and extent of injuries and amount of damage involved. Many hit and run cases can be resolved by way of a "civil compromise" which is where the parties agree to resolve the case without the intervention of the court. "Civil compromises" will require an attorney to accomplish. In any case, you really should hire an attorney to help your daughter and resolve this matter successfully and in a way that won't affect your daughter's future.
    Answer Applies to: California
    Replied: 10/28/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Probably the worst case scenario would be a fine and possibly probation, however probation may not be assessed if the judge believes your daughter doesn't need it.
    Answer Applies to: Kansas
    Replied: 10/28/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    Hit & Run is a misdemeanor that can carry jail time, fines, probation and loss of driving privileges. It's impossible to tell you what specifically to expect without knowing the details of your daughter's case, her criminal history and strengths / weakness of the case against her, as well as any possible defenses. It is always best to have an experienced criminal defense specialist in your corner when you or a loved one is accused of a crime. Even if the DA can prove your daughter guilty of the crime alleged, a lawyer might be able to minimize any punishment or negotiate a reduced charge.
    Answer Applies to: California
    Replied: 10/28/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    You should definitely consult with a lawyer. Your daughter is young and you do not want this haunting her for the rest of her life. Depending on the amount of damage and if she is convicted she could do time the California Division of Juvenile Justice. More likely she would do a couple of months in the juvenile detention center or community service.
    Answer Applies to: California
    Replied: 10/28/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It depends on what type of damage was done. If she just hit another car, it's a low level misdemeanor punishable by up to 90 days in jail, $100 in fines, and license sanctions. If she caused injury to another person that would be a one-year misdemeanor with fines up to $1,000 and license sanctions. Even though it's a misdemeanor, it's still a serious matter with a lot at stake so I would recommend retaining a lawyer to represent your daughter. At least have an attorney review the police report before she agrees to plead to anything. There may be errors or problems with the case that could get the matter reduced or dismissed. If she has no priors, she is more than likely looking at probation, but jail is still a possibility.
    Answer Applies to: Michigan
    Replied: 10/28/2011
    Michael Edwards, Attorney at Law
    Michael Edwards, Attorney at Law | Michael Edwards
    The worst possible penalty for that offense is jail and a fine. I would recommend hiring an attorney, because it is a bad thing to have on her driving record, and an attorney will help in negotiations. If you don't hire an attorney, see if you can negotiate for a plea in abeyance.
    Answer Applies to: Utah
    Replied: 10/28/2011
    Leone, Throwe, Teller, & Nagle
    Leone, Throwe, Teller, & Nagle | Adam J. Teller
    In Connecticut, leaving the scene of an accident involving property damage is an offense which can carry a fine of up to $600 plus court costs or a jail sentence of up to one year or both. It can also result in a suspension of one's operator's license. Conviction of this offense could have serious insurance consequences as well. Therefore, I highly recommend that your daughter have an attorney with her in court, or at the very least consult an attorney before going to court.
    Answer Applies to: Connecticut
    Replied: 10/28/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    At the very least, she will lose her driver's license if the judge finds that she committed the offense. I would get a lawyer.
    Answer Applies to: Georgia
    Replied: 10/28/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Hit and run is a misdemeanor punishable by up to 6 months in county jail. Not to mention it doesn't look good on your record. An attorney can often negotiate with the prosecutor/Judge for a reduction in charge, especially if she has no prior record.
    Answer Applies to: California
    Replied: 10/28/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    She could face jail time. Yes, you should bring a lawyer to court.
    Answer Applies to: Massachusetts
    Replied: 10/28/2011
    Meshbesher & Spence
    Meshbesher & Spence | Daniel Guerrero
    She's likely looking at a fine. It's always best to get a lawyer in an effort to keep her driving record clean.
    Answer Applies to: Minnesota
    Replied: 10/28/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Absolutely she needs a lawyer. Hit and run is a serious crime, could carry jail, and causes a huge insurance increase and with a 16 year old a license suspension.
    Answer Applies to: New York
    Replied: 10/28/2011
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