Long Island Hit and Run Defense Attorney
If you were involved in a hit and run, or were accused of hitting someone or something with your car and leaving without going through proper legal proceedings,
you need an aggressive Long Island hit and run defense attorney to represent you. Did the other driver, or one of their passengers, claim to have suffered a physical setback from the accident? Have they proved it? Was there property damage? Did the property owner claim it wasn’t damaged moments before your car was there? They need to prove that you caused the damage.
Hit and Run Laws
In the state of New York, hit and run is officially listed as “Leaving the Scene of an Incident Without Reporting” in the New York Vehicle & Traffic Code. It criminalizes the act of leaving the scene of a vehicle accident without giving one’s name and insurance information to the owner of any damaged property. If the accident involves an injury, then the driver is also required to get help for the victim in addition to leaving behind his or her identification and insurance information.
It is important to know that failure to stop at the scene of an accident doesn’t only apply to incidents involving two vehicles. It can include someone’s property or even the person struck by the vehicle. Even when there are two vehicles involved, the driver of the other vehicle does not need to be present. The other driver needs to prove you hit the object. It is not a hit and run crime in New York to leave the scene of a collision with an animal, but authorities should be notified right away so the carcass can be cleared from the roadway.
If they are unable to pull over right away to call for help and hand over their information, but find that the injured party or owner of the damaged property is gone by the time they return to the accident scene, the law allows the driver of the involved vehicle to report the accident and deliver the necessary identification and insurance information to the nearest police station. Drivers will not be charged if they follow these instructions and get in contact with law enforcement right away.
Hit and run penalties can vary greatly depending on whether you are facing a misdemeanor or felony charge. For a hit and run in which only property is damaged, a driver faces up to $250 in fines, up to 15 days in jail, or both. If a hit and run causes moderate injury to a third party, a driver faces fines between $500 and $1,000, up to one year in jail, or both. If serious injury occurs as the result of a hit and run, the driver faces fines between $1,000 and $5,000, up to four years in prison, or both. If a death occurs as the result of a hit and run, the driver faces fines between $1,000 and $5,000, up to seven years behind bars, or both. If there is evidence that drunk driving was a factor in the hit and run, the driver may also face DUI charges. In all cases, and depending on the circumstances of the case, a person found guilty of hit and run driving faces the suspension or revocation of their driving privileges. Also, a prior history of hit and run accidents can elevate a less serious hit and run to a more culpable crime.
By simply staying at the scene of an accident and reporting the incident to the necessary emergency responders, a person involved in a vehicle collision can reduce, if not entirely eliminate, their criminal liability. Granted, a person who does everything right may still be vulnerable to civil charges, there is still a big difference between civil and criminal charges. Civil charges are brought by private persons in a personal injury claim and result in the loss of money. Criminal charges are brought by government prosecutors and result in the loss of freedom when there is a conviction. Considering that there is no way to undo the damage of an accident after it has occurred, knowing how to respond to the incident properly can mean the difference between having to financially reimburse a victim and having to spend the next several years behind bars.
Hit and run charges can be delayed, too. Perhaps you were late for class or work, you got out of your car, and you ran to your destination. A few weeks later, you get a notice from your insurance company that someone you don’t know is suing for hitting their car and not leaving your insurance information. You realize the person you parked next to three weeks ago accused you of leaving a dent in their car. The problem is you don’t remember hitting their car, but they say the dent appeared after you and no one else parked next to them.
If you have been charged with a hit and run, consult with an experienced New York hit and run attorney as soon as possible. A criminal defense lawyer can provide you with legal advice and help you understand your legal options. It’s important to call a criminal defense attorney at Mirsky Law Firm as soon as possible after you have been arrested.
Consult With An Attorney
A New York hit and run defense attorney with experience defending clients against these charges can advise suspects on the charges they may be facing and the rights that he or she can exercise by reviewing the facts of a case. Without legal representation, the suspect may be charged with a much more severe level of the hit and run offense than he or she may actually deserve. Mitigating circumstances and certain defenses can be raised by the client at trial which can drastically reduce, if not eliminate, the amount of time spent behind bars.
It is always a good idea to secure an attorney to help fight hit and run charges because most people don’t have an understanding of the court or legal system clear enough to defend against charges on their own. Many simply think that if they can get a chance to convince a judge that the conduct was justified then they will be set free, but this is nothing close to the case. In most cases, individuals who try explaining to a judge why certain conduct was justified only end up incriminating themselves to the point of doing the prosecutor’s job.
When they retain private legal counsel from the lawyers at Mirsky Law Firm, hit and run suspects in New York will be explained their rights and responsibilities in the legal process. The rights extended to criminal suspects include the right to remain silent, the right against self incrimination, the right to a speedy trial, and the right to question accusers. In criminal law, the defendant has very few responsibilities, because it is generally the prosecutor’s job to prove that a crime was committed, not the suspect’s job to prove that a crime wasn’t.
Hire A Long Island Hit and Run Attorney
If the accident happened in New York and you need a Long Island hit and run defense attorney to prove your innocence, we can help. The longer you wait to make that call, the less time we have to review your case, discuss the matter with you, and prepare the best defense for your legal needs. You don’t want this to cost you anymore time or money than necessary, so please call the Long Island hit and run defense attorneys today or fill out the form on this site.
