Southern California Defense Blog

You may find yourself trapped in a very difficult dilemma where you commit a crime but are not yet investigated by the police. Between the time you committed the offense and the moment the police start knocking at your door, you are left to ponder your situation. The question that is probably foremost on your mind is: Should I come forward and turn myself in or should I wait and see if I am ever found out?

This question is most overbearing in circumstances where there is a victim who may have suffered death or serious bodily injury. A relevant example would be in a Hit and Run situation where the hapless driver knows he or she hit a pedestrian but left the scene in a panic without knowing whether that person survived or not.

As you try to determine what to do, you are surrounded by uncertainty. Were there any witnesses? Is their anything connecting me to the incident? Have the police already found out who I am? Are they on their way now? Will they be easier on me if I turn myself in?

It is possible that you may never be implicated to the crime; that there is no evidence linking you to the offense. However, it is also very possible that the ensuing police investigation has singled you out as a suspect and will soon be closing in on you.

In considering these possibilities, you may have a moral desire to turn yourself in because the guilt and fear is too much to bear or you may decide that you will risk being discovered.

However way you decide, it is always advisable that you retain a criminal defense attorney to represent you. You never want to turn yourself in or wait for the police apprehend you without the advice and protection of an attorney.

Having an attorney involved in your case will best ensure that:

• You do not make statements that can later be used against you

• You are not left to the mercy of the police investigation and the prosecuting attorney

• You are provided your due process rights

• You are not unduly prejudiced by the press and the media if they are involved

If you find yourself facing this situation, contact our attorneys at Wallin & Klarich today. Our attorneys have been in practice for over 30 years and can help you through this difficult period. Also keep in mind that anything you tell your attorney regarding your matter is strictly confidential. Please call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there for you when you call.

In California, a hit and run occurs when a driver of a motor vehicle knowingly leaves the scene of an accident without identifying themselves to the other party or parties involved. The severity of the penalty depends on whether the accident resulted in damage to property or death or injury to any persons involved.

If the accident only resulted in damage to property such as the vehicles involved in the accident or any surrounding structures, the hit and run charge can be a misdemeanor offense under Vehicle Code Section 20002. However, if the accident resulted in death or injury to persons involved, the hit and run will likely be charged as a serious felony under Vehicle Code 20001.

A conviction for a felony hit and run involving death or serious, permanent injury may result in a two, three, or four-year sentence in state prison and/or a maximum fine of $10,000. If convicted of a misdemeanor hit and run offense in which only property damage results, the penalties include a sentence of up to one year in county jail and/or a maximum fine of $1,000. Under applicable circumstances, the penalties may also include restitution to the victims, which entails paying for the injuries or damages.

What you do as a driver of a motor vehicle following an accident is very important for avoiding a hit and run charge. California law requires you to stop your vehicle immediately, provide your name and current residential address, and produce your driver’s license or any other form of identification upon request.

If a person is injured as a result of the accident, you must render reasonable assistance including transporting (or making arrangement for transporting) the injured person to a hospital for medical treatment. In accidents that results in death, you must report the accident, without delay, to the nearest law enforcement agency and provide the aforementioned information if police are not already at the scene. Fleeing the accident involving a death can also add an additional five-year prison term to any vehicular manslaughter conviction under Penal Code Sections 191.5 or 192.

A hit and run charge is a serious matter that should be handled with the knowledge and expertise of an experienced criminal defense attorney. A court may decide to reduce or completely eliminate the minimum imprisonment or fine in the interest of justice or in light of certain factual circumstances in your case. This may be achieved, for example, if your defense attorney can argue that you were not the driver at the time of the accident or that you did not willfully fail to stop your vehicle after the accident.

At Wallin & Klarich, our Orange County attorneys have amassed over 30 years of practice experience in handling hit and run cases and will put that experience to use in defending you in your case. We will work to defend your rights and ensure that the best possible defenses are raised on your behalf. Call us today at 877-466-5245 or visit us online at www.wklaw.com We will be there for you when you call.

An Indiana woman wanted in connection with a hit-and-run accident that killed a Greenfield police officer turned herself in on Monday, claiming that she had been distracted by her three children who were in the car at the time.

61-year-old Sue Ann Vanderbeck of Indianapolis told police that on September 28, the accident occurred when she was driving home after midnight from her late mother’s home in Cambridge City with her three children: a 4-year-old boy with autism and two 15-month-old twins. Vanderbeck said she was traveling westbound on U.S. 40, singing to and looking back at her 4-year-old son who was reportedly difficult to keep calm, when she swerved to avoid an unknown object in the roadway.

The right fender of Vanderbeck’s van struck what she determined to be a bicycle. When she looked back, Vanderbeck said she saw two other men on bicycles assist the man she had hit. Vanderbeck told police that she decided not to stop because she had her children were with her.

When she arrived home, Vanderbeck said she told her husband what had happened. Judging from the small amount of damage sustained by the van, they both reasoned that no one could have been seriously injured and agreed to call the police in the morning. Before going to bed, Vanderbeck saw a news report about Officer Will Phillips, 32, who was hit and killed during a training exercise on U.S. 40 near the Henry-Hancock county line.

Believing that she was involved in that accident, Vanderbeck told police she and her husband decided to call their attorney in the morning to determine when and how to turn herself in to police.

Based on Vanderbeck’s statements, the prosecutor does not believe that Vanderbeck was under the influence of drugs or alcohol at the time of the crash.

Leaving the scene of an automobile accident that results in death or injury without identifying yourself or providing reasonable assistance is a punishable offense in California under Vehicle Code Section 20001. Under this law, if you are involved in an accident that results in death or injury to another person, you are obligated to stop your vehicle, provide your identifying information, provide reasonable assistance to the injured party, and notify police if none have arrived on the scene.

A failure to do so may result in a hit-and-run conviction that may result in imprisonment for up to one year in county jail or up to four years in state prison if injury/death results. A fine between $1,000 and $10,000 may also be imposed.

If you are facing hit-and-run allegations, it is imperative that you contact an experienced California criminal defense attorney who can aggressively defend your rights. At Wallin & Klarich, or Southern California attorneys can help you raise the best possible defense in your case. Call us today at 888-764-2615 or visit us online at www.wklaw.com. We will be there for you when you call.

It was recently reported that a hit and run car crash killed three people on the 91 freeway. The deaths occurred after a Mazda collided with a Chevrolet and erupted in flames. A tractor trailer may have also been involved. The driver of the Mazda lost control and swerved across several lanes, cutting in front of a tractor trailer. The driver of the tractor slammed on the brakes. The Mazda was then struck by a Chevrolet. The tractor pulled over to the right shoulder for a few minutes, but then drove away. California Highway Patrol reviewed the video of the incident and stated that it doesn’t appear that any of the parties involved were at fault. The CHP believes that the driver of the tractor may have more information on the accident. If the tractor was involved in the accident, the driver may be charged with hit and run.

Under California Vehicle Code Section 20001, the driver of a vehicle involved in a collision must immediately stop at the scene of the accident and give his or her information to the police officer at the scene of the accident, or to the occupants of the other vehicle if requested, and/or report the accident to local authorities. If someone was injured in the accident, the driver must also provide reasonable assistance

Continue reading "Tractor Trailer May Have Been Involved in Fatal Crash – The Importance of Hiring a Hit and Run Attorney – California Vehicle Code Section 20001" »

It was recently reported that a Riverside woman has been charged in a hit-and-run death of a bicyclist. Patricia Ann Izquieta, age 37, allegedly struck a bicyclist in her SUV. Izquieta allegedly fled the scene dragging the bicycle under her car for over a mile. Izquieta was allegedly under the influence of prescription drugs. Izquieta is charged with one felony count of hit and run causing a death, one felony count of vehicular manslaughter while intoxicated, and one misdemeanor count of driving without a valid license.

Hit-and-run causing a death is a serious crime in California. Under California Vehicle Code section 20001, the driver of a vehicle involved in an accident must immediately stop at the scene and provide his or her information to the police officer on the scene of the accident, or to the occupants of the other vehicle if requested. More importantly, a felony conviction for hit-and-run causing death is punishable by imprisonment in state prison for up to four years and a fine of up to $10,000. A person who flees the scene of the crime after committing vehicular manslaughter while under the influence of a drug or alcohol is punishable by an additional five years in state prison.

Continue reading "Riverside Woman Charged in Hit-and-Run of Bicyclist:California Vehicle Code Section 20001" »

It was recently reported that a 62-year old woman died as a result of her injuries in a hit and run accident in Los Angeles. The woman, whose name has not yet been released, was hit while she was crossing a street near Normandie Avenue and West Adams Boulevard. The man believed to have hit the woman was driving a black Toyota Camry. Police are trying to locate the driver, who will be facing hit and run charges.

In the state of California, the driver in the above situation will be facing felony hit and run and possibly homicide charges. Potential penalties can include prison time, hefty fines, and loss of driving privileges for the rest of his life.

Continue reading "How Hiring An Experienced San Diego Criminal Defense Attorney Can Help You If You Are Arrested for a Hit and Run - CVC 20001 - CVC 20002" »