Fight a Hit & Run Case in Orange County

Under California law, any driver who is involved in a vehicle collision must immediately stop and provide his or her contact information to the owner of any damaged property.  If the owner cannot be found, the driver must leave a note in an obvious place and immediately notify the local police or CHP.

Leaving the scene of a traffic accident without exchanging contact information is a crime in California, commonly known as "Hit & Run" (VC 20002).  If the collision involves only property damage, Hit & Run is usually treated as a misdemeanor.  If someone is injured or killed, it can be treated as a felony.

A lot of my clients are surprised to learn that they can be charged for Hit & Run even if they collide with a stationary object and no other cars are involved.  Hitting a stop sign, a guard rail, or a tree, for example, can lead to a Hit & Run charge if public property is damaged the driver fails to immediately report the collision to police.

There are plenty of reasons that people leave collision scenes.  Some of these reasons might even help form a defense to criminal charges.  If the other driver threatened you and you were afraid for your safety, you might have had a valid reason to flee.  If the collision occurred on the freeway, there might not have been a safe place to stop and speak to the other driver.  If the collision was so minor that you didn't even realize you'd hit something, you might also have a good excuse for failing to stop.  These are just a few common examples.

I understand that some drivers simply panic and flee because of adrenaline and emotions.  This isn't a legal defense, but judges and prosecutors may show lenience when the offender is young, inexperienced, and sincerely remorseful.  It also helps if the driver (or the driver's insurance carrier) is able to fully pay for any damage.

Keep in mind also that fault for the actual collision has nothing to do with Hit & Run charges.  It does not matter who was responsible for causing the accident.  Even if some reckless maniac hit you, you are still required to stop and exchange information.

Until recently, Hit & Run cases could be resolved through a process called a "Civil Compromise", or "Civ Comp".  If the victim, the DA and the judge all agreed, the defendant could simply write a check to the victim for any damages and the victim could request that the criminal case be dismissed.  The entire process was usually negotiated by the defendant's attorney.  Courts ended the practice earlier this year, though.  They explained that, when someone commits a Hit & Run, they're not in trouble for causing a collision -- they're in trouble for leaving the scene of the collision.  The "victim" in a Hit & Run case isn't just the person you hit (or the person who hit you); the real victim is the administration of justice.  Simply paying for the property damage doesn't make up for the actual wrongdoing.  Unfortunately, this means that "Civil Compromise" agreements are no longer an option to resolve Hit & Run cases in California.

We still have other options to fight Hit & Run charges, though.  Depending on a lot of circumstances, the defendant may be eligible for some form of "diversion" or "deferred entry of judgement".  Under these deals, a defendant would be ordered to pay some fees, take some classes, perform community service, provide a DNA sample and / or do whatever else is agreed upon.  Once he or she has completed those terms, the case may be dismissed entirely or reduced to a less-serious charge.

Of course, these options are assuming that the defendant is actually guilty of a crime -- and that the DA can prove it.  Hit & Run cases can be notoriously difficult to prove, though.  Even if prosecutors can prove which car was involved and they know the registered owner of that car, they can't always establish who was driving the car at the time of the collision.  To be convicted of Hit & Run, the DA must prove that a specific defendant was behind the wheel.  If someone else used your vehicle to commit a crime, you are not criminally responsible.  And if police ask you questions about who was driving your vehicle at some specific time, you have no legal obligation to answer or to snitch on a family member.  Police may threaten and intimidate you, but they cannot legally compel you to answer questions.

If you or a loved one has questions about fighting a Hit & Run case in Orange County, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Orange County Hit & Run Lawyer

Court Updates: Domestic Violence Restraining Orders

The courts that handle Domestic Violence Restraining Orders in Orange County got a shake-up earlier this year.  The laws haven't changed, but the names and places have. 

Previously, all Domestic Violence Restraining Orders were heard at the Lamoreaux Family Justice Center in Orange.  Due to overcrowding, though, these hearings are now being conducted at the other branch courts.  Some of the judges who now hear restraining order cases previously handled serious criminal matters and probation violations.

Some DVROs are still being heard at Lamoreaux, but the judges who officiate have all been shuffled.  Judge De La Cruz from L-63 is now at the Westminster Courthouse, and Commissioner Wilson from L-11 is hearing criminal cases in the Harbor Justice Center. 

Some of the forms used in Domestic Violence Restraining Orders were updated earlier this year, with some minor revisions to the DV-109 Notice of Court Hearing and some changes to protect confidential information of minors.  If you're using old forms, it's time to update. 

Restraining Order courts are taking a more active role in ensuring that firearms are accounted for.  If a restraining order is granted against an individual, the restrained party must surrender any firearms in his or her possession within 24 hours.  Weapons may be turned in at a local police station, stored with a licensed firearm dealer, or sold.  Proof that the weapons have been turned in, sold or stored must be filed with the court within 48 hours.  When the case called for a hearing, the judge is now required by law to check with the California Department of Justice to determine whether or not the restrained party has any firearms registered in his or her name.  If weapons are unaccounted for, the respondent can be held arrested.

Local enforcement teams from the California State Department of Justice have also been busy physically going door-to-door and collecting firearms from prohibited individuals.  Most of these actions are "knock and talk" encounters.  If the DOJ believes that someone who is the subject of a restraining order is in possession of firearms, they will simply knock on the subject's door and ask about the weapons.  If the homeowner refuses to hand over the guns, then the DOJ agents may apply for a search warrant, depending on the strength of their evidence. 

Domestic Violence Restraining Orders probably have more serious consequences now than ever before.  If you or a loved one has questions about a restraining order in Orange County, call our office for a free attorney consultation.  (714) 449-3335.  Ask for John. 

Thanks for reading. 

Orange County Restraining Order Lawyer.

Cited in Catalina: Summer 2019 Edition

It's been a busy summer in the Catalina Courthouse.  As always, our firm defended more criminal cases on the island than any other private firm (not the Public Defender Panel).  As the most experienced local attorneys in Catalina, we're also still covering cases for other lawyers who are unable to appear on behalf of their own clients on the island.

We got some great results this summer in cases involving controlled substances, illegal fishing, poaching abalone, drunk in public, battery, domestic violence, DUI, vandalism, theft, possession of controlled substances, and just about every other offense arising in and around Catalina Island.

And the season isn't over.  There are still a few big events and concerts slated for September and October (not to mention Buccaneer Days...).  If you're planning to attend one of these, save my number now (714) 449-3335.

As usual, the bulk of arrests in and around Catalina Island this year involved alcohol-related offenses.  "Drunk in public" charges are nothing new.  I keep trying to warn people, but nobody reads this blog until after they've been arrested -- authorities on Catalina treat "drunk in public" cases very seriously.  The LA Sheriff and the District Attorney prosecute these charges aggressively.  A simple PC 647(f) arrest in most places means a night in jail and a stern warning.  In Catalina, the same arrest can lead to probation, community service, mandatory AA meetings, high fines and even jail.  This is a shocker for attorneys who aren't familiar with the local "justice" system in Avalon.

Visitors also need to be aware that golf carts are considered "motor vehicles" in California.  That means the 0.08% blood alcohol limit applies.  Driving a golf cart while impaired by alcohol or marijuana is a DUI.  A lot of tourists learn this lesson the hard way every year ("But isn't that what golf carts are FOR?!?").

Fishing laws are just as complicated and DFW agents are just as aggressive as ever.  They're still busting unsuspecting fishermen who accidentally drift into protected areas, and they're still inspecting coolers for unidentifiable or undersized fillets.  If you are fishing in or around Catalina Island, take a good nautical map, a reliable GPS and an updated copy of the CA DFW fishing regulations.  We're getting close to lobster season, so expect game wardens to be on full-alert.

If you or a loved one has been cited or arrested on Catalina, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Catalina Island Lawyer