A split decision can change your life. And, in the moments following an accident, adrenaline and fear may have resulted in you fleeing the scene. If so, you’ve just committed a hit-and-run—and in California, this crime is treated harshly under the law.
The penalties for a hit-and-run vary depending on the case details, mainly whether it resulted in injuries, death, or property damage. Regardless of whether you’re facing a misdemeanor or felony hit-and-run charge, there are several things you should both know and do to protect your rights.
This guide covers 11 practical tips adapted from common pitfalls we see in real hit-and-run cases here in California. The Law Offices of Christopher Chaney can help you defend against hit-and-run charges and prepare for what comes next.
1. Hire an Experienced Defense Attorney
One of the first things you should do following a hit-and-run is contact an experienced criminal defense attorney familiar with these cases.
Following a hit-and-run, law enforcement may try to talk to you, hoping you’ll say something incriminating. Or, in some cases, while withholding the evidence they have (or think they have) against you. Remember, you are presumed innocent until proven guilty. Hiring an attorney at the onset of the investigation protects your rights.
However, if you have already spoken to the police without your attorney present, don’t stress. We can step in and take it from there. Our firm will investigate the hit-and-run details, develop a defense strategy, and negotiate for reduced penalties, when possible.
Furthermore, we will prepare you to handle possible situations, including what to do if the police contact you at your home or if you receive a notice from the court that a case has been filed against you.
Don’t delay—call us today at 818-330-5198.
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2. Don’t Turn Yourself in Until You’ve Got All the Facts
After a hit-and-run, you might be tempted to go to the police department and turn yourself in to avoid more trouble. However, doing so without having all the facts can complicate matters.
Instead—and if you haven’t already—contact a criminal defense attorney with experience handling hit-and-run cases first. Your attorney will be able to investigate to see if your vehicle has been identified in the hit-and-run and negotiate with local law enforcement.
3. Understand What to Do if Your Vehicle Has Been Impounded
It’s not uncommon for the police department to impound vehicles involved in a hit-and-run. This is because the vehicle is being used as evidence. However, just because it’s being used as evidence doesn’t mean you still don’t have the right to use it.
Keep in mind that under California law, your driving privileges are typically only revoked for a hit and run charge if you have been convicted of this offense. Our defense attorneys will help you gather evidence to immediately release your vehicle, including proof of insurance, driver’s license, and a statement of facts. It can also help to collect records of employment and other responsibilities you have, which highlight the need for your vehicle.
However, if your driving privileges have been suspended, we can request an administrative hearing. During this hearing, we’ll challenge the suspension and provide supporting evidence to help reverse the decision.
4. Be Honest With Your Defense Lawyer
Now’s not the time to be coy. Be honest with your lawyer about why you left the accident scene. Were you scared? On your way to get medical attention? Were you unaware that damage even occurred?
Being honest with your lawyer about what happened and why you left is critical to building a strong defense strategy. Even if it’s embarrassing or you think it makes you look bad, don’t spare any detail when discussing the situation with your attorney. We need to know what happened to defend you effectively.
5. Don’t Make False Statements
Our firm encourages cooperation with the police department when facing criminal charges, as not doing so can make matters significantly worse. As such, refrain from making false statements. You might think saying that your vehicle was stolen will free you from having charges levied against you, but if the deception is discovered, the opposite is true—you’ll be in even more trouble. The same is true when dealing with your insurance carrier.
Stick to the facts. Better yet, tell us what happened so we can develop the right defense strategy and talk to law enforcement and insurance agents on your behalf.
Similar Post: Can You Be Charged for a Hit-and-Run Even If You Didn’t Cause the Accident?
6. Don’t Talk About the Case
This advice refers to both in-person and online communication. In a criminal case, you must remember that eyes and ears are everywhere. Even what you might believe to be a minor statement can come back to haunt you.
Avoid talking about the case, including what happened, on social media and to those around you. Keeping communication between you and your attorney is integral to your defense strategy.
7. Don’t Talk With the Other Party
Likewise, avoid all communication with the other party involved in the case.
You might be tempted to resolve this independently and without court involvement. However, doing so could lead to severe consequences, including but not limited to the loss of attorney-client privilege and allegations of witness tampering. A witness tampering charge, for example, could lead to even more penalties, including extended jail time and increased fines. Your attorney is the one best-suited to having these conversations with the other party’s legal team.
Bottom line: Once a case opens, ensure communication sticks with you and your attorney.
8. Consider Making Restitution
If convicted of a hit-and-run, making restitution—paying back a victim for losses and damages—is often a part of sentencing. However, if you make restitution willingly, your lawyer may be able to use that to argue for reduced penalties.
Per California Penal Code Section 1377, restitution can lead to a dismissal for those facing a misdemeanor hit-and-run charge. This is known as a Civil Compromise.
9. Understand the Charges Against You
Just like you should understand what to do if your vehicle is impounded, you should also know what charges are filed against you. As mentioned above, you may face misdemeanor or felony hit-and-run charges, depending on the case details. Under California Vehicle Code 20002, a conviction of a misdemeanor hit-and-run charge could include:
- Up to six months in a county jail
- Up to a $1,000 fine
- Or both
The penalties for a felony hit-and-run (Vehicle Code 20001), involving bodily injury or death, are much worse. If convicted, you could be facing:
- Up to 4 years in prison
- Fines ranging between $1,000 and $10,000
- 2 points on your driving record (which will raise your insurance costs)
- Mandatory restitution
Understanding the charges and possible penalties puts you and your legal team in a prime position for negotiation. For example, a felony hit-and-run could potentially be reduced to a misdemeanor if you complete probation (assuming you have never been imprisoned before and the right conditions are met).
10. Stay Off Social Media
Nothing you post on social media is private, especially when you’re facing criminal charges. Not only can what you post (including photos, status updates and comments) be taken out of context, but they can be used as evidence by the prosecution.
Though it may be tempting to share what’s going on, or you mistakenly believe that posting your side of the story will help your case, in reality, it will only hurt it. Err on the side of caution and stay off your social media platforms, including Facebook, X, Instagram, Snapchat, and TikTok.
However, if you have already posted something, don’t panic. Just let us know — we can help.
11. Know That Rebuilding is Possible
We know how scary this all is. One moment you’re driving home or on your way to meet friends, and the next, you’re in this situation. Suddenly, your freedom, reputation, and driving privileges are at stake. With so much up in the air, hiring an experienced criminal defense attorney is the best thing you can do to keep yourself—and the situation—grounded.
At The Law Offices of Christopher Chaney, we have years of experience handling hit-and-run cases. We will work with you to identify what happened, prepare you for what’s to come, and negotiate for reduced penalties, when possible.
Facing a hit-and-run charge may feel like the end of the road, but with the proper legal defense, it doesn’t have to be. Most misdemeanor and felony hit-and-run convictions are eligible for expungement in California, and our firm can help! With an expungement, your world reopens again.
However, call us now to see if we can negotiate your hit-and-run charges so you don’t face a criminal record in the first place.
Contact The Law Offices of Christopher Chaney for Aggressive and Strategic Hit-and-Run Defense in Los Angeles
You don’t have to face a hit-and-run charge alone. Call Christopher Chaney at 818-330-5198 or fill out our firm’s online contact form to schedule a free consultation.
Los Angeles residents facing hit-and-run charges go to Christopher Chaney for aggressive criminal defense representation. He will use his experience to defend you against these charges so you can move forward with your life and not let a bad decision hold you back. Schedule a consultation today.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
