What is my penalty for a hit and run if I have had past arrests? 39 Answers as of June 26, 2013

I was involved in a hit and run last week in a fast food restaurant parking lot. Today a police officer stopped by my house and gave me a misdemeanor citation for it. There was no injury or damage in the case, but several witnesses. I have several arrests (DUI & Larceny) but have stayed out of trouble for the past 3 years. What is my most likely penalty?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
It depends on how and what you are ultimately charged with. I'd recommend you retain a lawyer or request the court appoint you a lawyer when you are arraigned. If a person has prior felony convictions and if they are charged with another felony, they could be charged as a habitual offender, substantially increasing their possible jail or prison time for a conviction. If a person has prior convictions for the same type of offense, the underlying offense may be punishable by increased penalties and jail/prison time. Ultimately, it depends on what a person is actually charged with.
Answer Applies to: Michigan
Replied: 11/29/2011
Shane Law Office
Shane Law Office | Robert J. Shane
The sentencing range for a misdemeanor hit and run conviction is between 0 and 90 days in jail. A person who has prior convictions is more likely to receive a longer jail sentence than someone with a clean record, especially if the prior convictions are for same or similar traffic offenses. There is also a risk that a conviction on the hit and run charge could violate the terms of probation imposed by a judge on a prior sentence. A separate probation revocation hearing may be triggered on a prior conviction if, for example, the person was required to remain law abiding and commit no new offenses while on probation. Another factor a judge will consider before imposing sentence on a misdemeanor hit and run offense is the length of time that has elapsed between the new offense and any prior convictions. When a lengthy period of time has passed between the most recent prior conviction and the current offense, the criminal defense attorney will make an argument to the the judge that the prior convictions should be considered stale and not affect on the length of the sentence.
Answer Applies to: Minnesota
Replied: 11/21/2011
Law Office of Ronald Aronds, LLC
Law Office of Ronald Aronds, LLC | Ronald Aronds
You are looking at heavy fines and a mandatory loss of your drvier's license if you are convicted. Your past record may negatively affectyou at sentencing.
Answer Applies to: New Jersey
Replied: 11/21/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Very difficult for me to say without knowing what court you are ordred to appear. Some courts may impose a fine, in some courts you may get a maximum jail sentence. leaving the scene of an accident is an automatic suspension of your driving license for not less than six months.
Answer Applies to: Alabama
Replied: 11/18/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
Without knowing the jurisdiction you are in and a complete history of your past criminal record, suggesting a penalty would at best be a guess. Leaving the scene is a misdemeanor and you should seek the advise of an attorney.
Answer Applies to: Michigan
Replied: 11/17/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    It is hard to determine the penalty, the max is 90 days in jail and a $1000 fine but you also have to consider if you are on probation and if this will violate your probation. Please seek representation and have your case analyzed before you admit the offense and violate your probation, if you are still on probation.
    Answer Applies to: Minnesota
    Replied: 11/17/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    I do not know why you were charged with a misdemeanor if there was no damage. You are probably looking at a short stint in the local jail, if convicted, or a significant amount of community service with probation and perhaps some stiff fines as well. Your license will be suspended of course.
    Answer Applies to: Illinois
    Replied: 11/16/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That would depend on a number of factors such as your prior arrest record, the city you are in, the judge you are in front of, the attorney you hire, the prosecutor assigned to your case, your employment history and whether you are on parole or probation. You should retain a good criminal attorney as you are facing a year in jail on the misdemeanor.
    Answer Applies to: New York
    Replied: 11/16/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    A fine, surcharge and possibly probation.
    Answer Applies to: New York
    Replied: 11/16/2011
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    Without personal injury or damage to property there is no crime. If there is damage to property or you leave the scene after causing personal injury you could face fines and a maximum penalty of 2 years in the House of Corrections. From the facts you described there is no crime; but, if a crime was committed it seems that any damage or injury was insignificant; therefore, you are not likely to go to jail despite your prior record. Go to court with an experienced attorney and you should reach a solution.
    Answer Applies to: Massachusetts
    Replied: 11/16/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Arrest aren't important unless you were convicted. But assuming you were convicted, and are not currently on probation then likely you will only get a fine plus summary probation.
    Answer Applies to: California
    Replied: 11/16/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    Misdemeanors can be punished by up to a year in county jail and probation. It is unusual in these days of jail overcrowding for people to serve the whole sentence in jail. It is more likely that you will be ordered to do some work program or community service. Make sure you speak with a criminal defense attorney about the specifics of your case.
    Answer Applies to: California
    Replied: 11/16/2011
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    Leaving the scene of an accident can be charged different degrees. It sounds like you were charged a Class B since there were no injuries and not much damage. If that is true, the maximum punishment is 6 months in the county jail and a fine. You can also be placed on probation. If it is Class A misdemeanor, then the jail could be up to a year, and the fine can be up to $2500.
    Answer Applies to: Utah
    Replied: 11/16/2011
    bark & karpf
    bark & karpf | peter bark
    If there is no injury or damage, there is no case against you. I would need to know what damage or injury is claimed to answer your question.
    Answer Applies to: New York
    Replied: 11/16/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You would likely get a fine with a criminal lawyer, depending in the amount of damage. Did you have insurance and a valid license.
    Answer Applies to: Nebraska
    Replied: 11/16/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    At the very least, your license will be suspended for 90 days. Your actual sentence cannot be estimated because misdemeanor sentencing is indeterminate meaning a judge can impose any sentence as long as it is less than the maximum penalty. You should look into the possibility of a Compromise of Misdemeanor.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    It's a class B misdemeanor, so the range is $2k and 180 days in jail. You need an attorney to fight this for you. The more priors you have the closer you get to the max. Spend the money on an aggressive attorney and fight it.
    Answer Applies to: Texas
    Replied: 11/16/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Your exposure for a conviction to a violation of CA Vehicle Code section 20001 depends upon if it is charged as a misdemeanor or a felony. As a misdemeanor the max term is 1 year in county jail. As a felony the max term is for 3 years in prison. Additionally, the court may suspend your license for up to six months. It is very difficult to predict what the actual sentence would be. However, in this county, with someone of your record, I could see a sentence of 2-4 months.
    Answer Applies to: California
    Replied: 11/16/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The penalty can be up to 93 days in jail. If there had been seroius injury or death then it could be 5 years or if you caused it 15 years in prison.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Probably some time in county. You should consult a lawyer before any plea is considered. The evidence may not be as clear-cut as you think.
    Answer Applies to: California
    Replied: 11/16/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    In order to be required to stop and give information, there must be damage or injury - based on your facts, there is no crime assuming there is a crime, HnR is a 12 point offense and your DL will be suspended - you want to get that reduced as to jail or probation, it depends on how you did on probation in the past, what you plea to and the judge if you plea to HnR, you could get jail, but you could get probation.
    Answer Applies to: Colorado
    Replied: 11/16/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Most likely a fine and court costs, but since the charge is a misdemeanor, there could be a jail term with probation.
    Answer Applies to: Kansas
    Replied: 11/16/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    It depends. Since there were no injuries you are probably looking at probation instead of jail time. However, if you were on probation when the incident occurred, you are facing a probation violation which carries a possible jail sentence.
    Answer Applies to: California
    Replied: 11/16/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If convicted, a judge can consider your past criminal history in determining what kind of sentence to impose. Consult with an attorney in your area.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    I need to know the degree of misdemeanor to give you the penalty range.
    Answer Applies to: Texas
    Replied: 6/26/2013
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Generally previous arrests will not have much effect on a penalty for a new offense but prior convictions certainly may. Note, an arrest is different from a conviction and the inquiry does not clarify for sure which these prior encounters are. If a misdemeanor citation has been issued it can depend on it being an "A" misdemeanor or a "B" misdemeanor filed by the state, or a municipal violation which are also often referred to as misdemeanors. Penalties can range from fines up to $1000 and possibly 30 days in jail up to a year in jail for state misdemeanors. In addition there will points assessed on a Missouri License that will result in a revocation for a year.
    Answer Applies to: Missouri
    Replied: 11/16/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    It is unlikely even with a prior record you will face anything besides probation, a fine, and restitution. Jail time could be sought but not a substantial amount.
    Answer Applies to: Minnesota
    Replied: 11/16/2011
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    It would depend on too many factors, but the charge of hit and run is a six month maximum.
    Answer Applies to: Wyoming
    Replied: 11/16/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    It depends on the Judge but expect a high fine, restitution and advanced traffic school. I doubt if you will go to jail.
    Answer Applies to: Nevada
    Replied: 11/16/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Leaving the Scene of an Accident is governed by New York Vehicle and Traffic Law Section 600. Its consequences vary depending on whether anyone was hurt and whether the driver has a prior conviction for the same type offense. The good news is that it may not be a crime. If the damage is limited to property damage and no one is hurt (people or animals) then the charge is a traffic infraction and NOT a crime. The consequences can still be severe as the maximum punishment is 15 days in jail and $250 fine. If someone is hurt, then the charge is a class A misdemeanor. A conviction would be a permanent criminal record that can never be erased. In addition, you would be facing up to one year in jail and $500 - $1000 fine. Note that if your only conduct was failing to provide your license and insurance id, you can only be charged with a class B misdemeanor and the punishment is reduced to a maximum of 90 days jail and $500 fine .Note also if you have a previous conviction for leaving the scene, then the crime is bumped up to an E felony with a maximum punishment of 4 years in jail and a fine between $1000 and $2500. If someone was seriously injured (as defined in Section 10 of the New York Penal Law), then the charge is a class E felony. If you are found guilty you would be a convicted felon and lose some very valuable rights, such as owning a firearm, serving on a jury, obtaining certain civil service jobs, etc. You would also be facing up to four years in jail and a fine between $1000 and $5000. If the injured person dies as a result of the accident then the charge is a class D felony, punishable up to 7 years in jail and a fine between $2000 and $5000. Keep in mind that these are maximum punishments and a skilled defense attorney has a wide variety of plea bargaining options available that can be used to minimize your consequences.
    Answer Applies to: New York
    Replied: 11/16/2011
    Rogoway Green, LLP
    Rogoway Green, LLP | Douglas Green
    As you have already been made aware, a non-injury hit and run is a misdemeanor in Oregon. As such, there are no predetermined sentencing guidelines to tell you what an expected sentence would be as is the case with felonies. So, your expected sentence is very much based on what jurisdiction in you are in as different prosecutors and judges may vary widely on what is normally offered in a case like yours. Basically, the only sure thing is that the maximum sentence for all misdemeanors is one year in jail. Maximums are rarely given so while there are no guarantees, you are almost assuredly looking at something drastically less than that. Your criminal history does play a role in recommended sentences from the DA's but yours does not sound serious enough to be of serious concern. Some other factors may be the circumstances surrounding the incident, whether you were properly insured and licensed at the time, and why you left the scene. I recommend you hire an attorney as soon as possible to represent you. These cases can sometimes present proof problems for the state (unless you admitted to the incident). Regardless, a good defense attorney can work on getting the best plea deal for your particular circumstances. Most importantly, you may be able to civilly compromise the charge resulting in a dismissal for you. This is a great result if the alleged victim is willing to work with you. Again, an attorney can help you with this and it is well worth the costs to avoid another conviction on your record. Good Luck!
    Answer Applies to: Oregon
    Replied: 11/16/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Are you currently on probation for any of those previous offenses? If so, virtually anything you plead to or be convicted of would be a probation violation and could result in more probation, jail time, or revocation of your probation and possibly facing the maximum penalty for the initial offense. With the hit and run, if no damage you face a maximum of 93 days in jail and fines up to $500. Usually someone charged with this offense is very likely looking at probation. If you have numerous previous driving offenses and particularly if they are recent, your chance of doing some jail greatly increases. You should retain an experienced criminal lawyer to help navigate you through the process and help you reach the best possible solution.
    Answer Applies to: Michigan
    Replied: 11/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A misdemeanor offense is punishable by up to 90 days in jail anda $1000 fine. A review of your particular circumstances and past record would be necessary to determine potential defenses and likely outcomes. You should consult with experienced legal counsel.
    Answer Applies to: Minnesota
    Replied: 11/16/2011
    Law Offices of Paula Drake
    Law Offices of Paula Drake | Paula Drake
    Provided you are not currently still on probation, the sentence will depend on the court/county/particular prosecutor as to whether it will include actual jail time and how much. It will likely include at least a three year summary probation, restitution for the damage, maybe some jail or community service. You might want to consult an attorney; in some instances a particular court/prosecutor might allow for a civil compromise if the victim is willing. It is worth exploring.
    Answer Applies to: California
    Replied: 11/16/2011
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    It depends on what your prior record score is and what county, but either way you could end up with a license suspension. You should consult a good local lawyer.
    Answer Applies to: Pennsylvania
    Replied: 11/16/2011
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