Hit and run case dismissed by judge over prosecutor’s objection
After several months of working on a hit and run case, Mr. Hammond submitted a declaration to the court this morning, which caused the court to dismiss the case over the prosecutor’s objection. The D.A. initially offered a deal that would have involved large fines, many hours of community service, and three years of probation for our client. After contacting the alleged victim of the crime, Mr. Hammond obtained a declaration from that individual, detailing the events and damages, and affirming that all damages had been paid by our client’s insurance carrier. Using a little-known procedure called a “Civil Compromise,” Mr. Hammond was successful in getting the hit and run case against our client dismissed in its entirety.
Misdemeanor hit and run cases involve property damage only. There are a variety of reasons that people fail to stay at the scene and/or leave a note containing the proper information — or in some cases, they tried to do the right thing, or in other cases, they are wrongfully charged. Regardless of one’s reasoning, if the victim testifies (even by written declaration) that all damages have been compensated, the defendant may be entitled to a dismissal of the case. The prosecutor will rarely agree, but the judge should dismiss the case over the prosecutor’s objection. This is exactly what happened in this case. Our client supposedly hit a parked car and then parked his car, and then went for a run. He was surprised when he received a call from his girlfriend, saying the police were looking for him. He went back to the scene and was arrested for a misdemeanor hit and run.
Don Hammond practices criminal defense and post-conviction law in San Pedro, California, nearby to Los Angeles, Orange County, Palos Verdes, Wilmington, Long Beach, Torrance, Redondo Beach, South Bay, Inglewood, Hollywood, Carson, Hermosa Beach, Manhattan Beach, and the surrounding communities.