1st Jul 2015
LSA with injury & LSA with Property Damage
Whenever a car accident occurs in the Miami/ Fort Lauderdale area, Florida law requires all of those who are involved to follow a particular order of procedures. Upon a car accident happening, regardless of who is at fault, if any of the parties involved neglect to remain on the scene of the accident in order to exchange necessary documents, they may be charged with the criminal traffic offense of a leaving the scene of an accident/ hit and run crime.
If an individual leaves the scene of an accident in Miami/ Fort Lauderdale, Florida, where there was a crash scene, they are exposing themselves to a criminal prosecution. The severity of the accident determines whether it will be a misdemeanor or a felony. When it is limited to property damage, a person faces a misdemeanor allegation, however, if there are serious injuries or death that, leaving the scene crime is elevated to a much more serious felony allegation.
In Miami/Fort Lauderdale area, for leaving the scene of an accident case, the prosecution must be able to prove, beyond a reasonable doubt, the following:
1. The person who was operating the vehicle that was involved in the hit and run is indeed the person being accused of the crime.
2. The person involved at the crash scene had to actually know that an accident had occurred.
3. It needs to be proved that the person being charged with leaving the scene did not ever stay at the scene of the accident.
4. There needs to be proof that the accused driver did not attempt to help or seek out medical attention for injured persons.
Due to the fact that a prosecution may be complicated with an array of defenses, it is necessary to obtain the services of a lawyer that has experience in dealing with misdemeanor and felony leaving the scene of an accident/ hit and run allegations in Miami/Fort Lauderdale, Florida.
When it comes to fighting possible felony or misdemeanor charges for leaving the scene of an accident/hit and run, it is essential to get an attorney who is aggressive as well as very skilled when it comes to representing clients who have been charged. Anyone in Miami/Fort Lauderdale , Florida who has been arrested or cited for leaving the scene of an accident/ hit and run give themselves the best chance at avoiding a criminal conviction by hiring an experienced and skilled criminal defense attorney. A high quality Miami, Florida defense attorney will do their best to challenge such an allegation, reduce the punishments that their clients may be facing or get the charges against their clients dismissed all together.
There is no question that leaving the scene of an accident is a crime that can lead to incarceration and permanently affect both their criminal record as well as their Florida driving record. If you have been charged with leaving the scene of an accident it is important to get an attorney who will comprehensively investigate your case, represent you and place you in the best position or either getting an acquittal or having the punishment reduced.