What should I do if I committed a Hit and Run while on DUI probation? 14 Answers as of July 15, 2011

I think I was involved in a hit and run, but I don't recall any details and woke up the next morning in bed not knowing how I got home. I asked my friends the next morning and they said they didn't take me home. I thought my car got towed so I looked it up and there is an accident investigation hold on it and apparently a hit and run. I haven't talked to the cops about the incident so I'm not exactly sure what the accident could have been or how serious. I don't think there were people or injury involved. I'm also on DUI probation. What could happen? What should I do?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You can either wait to see if the police come for you or you can contact an attorney to investigate what the police know, contact the owners of the property you hit and try to avoid prosecution. Which do you think is a better route?
Answer Applies to: California
Replied: 7/15/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. The police and prosecutor will be seeking to file felony charges if at all possible, along with a probation violation and revocation charge that could put you in jail as well. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone about the case except an attorney. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel to help in this, feel free to contact me.
Answer Applies to: California
Replied: 7/15/2011
Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
You need to retain an attorney IMMEDIATELY! This is very serious. Do not say anything to anyone but your attorney.
Answer Applies to: California
Replied: 7/15/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You viloated your probation and it could be revoked and you go to jail. If the damage was minor you will most likely get a year in county jail. If someone was injured you could go to state prison for up three years. You need to hire an attorney.
Answer Applies to: California
Replied: 7/15/2011
Attorney at Law
Attorney at Law | Michael J. Kennedy
One thing you do NOT do is call the cops and ask about stuff; you should never speak to cops, because it NEVER, EVER helps. You can sit back and see what happens, and sometimes nothing does, or you can engage counsel to start working on it for you. Don't be talking to friends about it, because they can become witnesses in a flash. If h/r occurred and you are on DUI probation, you will surely be violated if the court or probation finds out about it. What happens with that depends on many factors, including how long you've been on probation, whether summary or formal, whether it was first time or worse, etc. If it's property hit/run, it's a misdemeanor; if injury, it's a felony. Don't go mucking around yourself, or you will say and do things that cannot be undone.
Answer Applies to: California
Replied: 7/14/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    You need to call an attorney right away. You may be in very serious trouble and you need someone to help you investigate what happened. A new charge is obviously a probation violation but that may be the least of your worries. It sounds as if the police are going to be contacting you soon. It is your choice whether to talk to them or not.
    Answer Applies to: California
    Replied: 7/14/2011
    Bird & Van Dyke, Inc.
    Bird & Van Dyke, Inc. | Mary Ann Bird
    Do not give a statement to the police. Hire a lawyer who is willing to do early investigation to determine the nature of the incident. Good luck.
    Answer Applies to: California
    Replied: 7/14/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    Dont talk to the police untill you talk to an attorney. Dont talk to anyone till you talk to counsel. This could be serious
    Answer Applies to: California
    Replied: 7/14/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    First, don't talk to the police. If I said it once, I've said it a thousand times: If you are not a lost 6 year old, the police are not your friends. Second, talk to a lawyer. You can be charged with VC 20002 hit and run and a probation violation for the DUI probation. The hit and run without injury is a low level misdemeanor, if the damage was slight it can be dismissed pursuant to a civil compromise (where you pay for the damage done to the other cars in exchange for a dismissal). The DUI probation depends on how recent the DUI was, what county you're in and whether the court finds out there was alcohol involved in the hit and run.
    Answer Applies to: California
    Replied: 7/14/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You should immediately retain an experienced criminal defense law firm. You should NOT under any circumstances call law enforcement. You should have your criminal defense law firm contact them on your behalf to find out more information. OF course if someone was injured, then you could be facing felony hit and run charges. If nobody was injured you are facing misdemeanor hit and run charges. Due to the fact you are on probation for a DUI, this could lead to a probation violation where you could be sentenced to jail for violating the terms of your probation (one of which I am sure is a condition not to violate any laws and hit and run would be a clear violation of a law). The bottom line is pick up the phone now and call a criminal defense law firm to discuss your case confidentially in more detail.
    Answer Applies to: California
    Replied: 7/14/2011
    Law Office of Rodney Nosratabadi
    Law Office of Rodney Nosratabadi | Rodney Nosratabadi
    Say nothing. Contact an attorney to further discuss.
    Answer Applies to: California
    Replied: 7/14/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to get a lawyer ASAP and remember NEVER to speak to anyone (especially investigators) unless your attorney is present and with you at all times.
    Answer Applies to: California
    Replied: 7/14/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    The short answer is you lawyer up if and when anyone contacts you regarding this incident. You probably want to sit down face to face and discuss the situation with a local criminal defense attorney as well. Why? Because if you say the wrong thing to the wrong person, you could only make this worse. If you file a claim for any damage to your insurance and they think it's fraudulent, you could be looking at felony insurance fraud. Most importantly - keep your mouth shut until you talk to a lawyer.
    Answer Applies to: California
    Replied: 7/14/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    You need to get an attorney immediately to speak to the police and to try to get your car back before the fees get to high and they find any evidence in the car about who may have been driving. The attorney should represent "the owner of the car" (whoever that me whether you or another), and not give them any information such as who was driving the car. If you are found to have been driving, you'll have a new case, and you would be in violation of probation and face jail time. Get an attorney right away.
    Answer Applies to: California
    Replied: 7/14/2011
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