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  1. #1
    Join Date
    Jul 2012
    Posts
    2

    Default Prosecution for a Hit-And-Run Accident

    My question involves a traffic accident in the State of: MA

    I parallel-parked at the side of the street, and went away to take a walk. When I returned about an hour later, there was a police officer waiting for me by my car, who said there was a witness claiming that I hit another car while parking. He cited me for hit and run, and I have a criminal arraignment next week.

    There is no damage to my car at all. There was an insurance claim from the other car's owner against my policy for $400 (I don't know if they ended up paying it or not). I did not feel any impact while parking. My wife was in the car with me, and did not feel anything either.
    There are also two people I am kinda acquainted with, that happened to be standing outside, talking while I was parking, and watched the whole thing. They say that my car has never touched the other one.
    Besides, I did not exactly run - I just went for a walk, and came back. At it was at the scene of the (alleged) accident where I was handed the ticket.

    Please help me figure out what it my best strategy to avoid criminal charges. I am scared to death of this arraignment thing ... I am a (very) law-abiding person, and could never imagine I would have to be a defendant in a criminal case. What should I say at arraignment? Are they going to even ask me anything, beyond how I plea? I there a chance to stop this before it gets to trial? Can anything be done at arraignment to that end, or do I need to file some kind of a motion to dismiss or something like that and schedule a separate hearing? (I am sorry, my only source of knowledge about criminal procedure is the "Law and Order" show).
    Do I need to bring witnesses to the arraignment or is it just a formality to enter a plea, and they will never get a chance to testify?

    In any case, what should my defense be? Is the fact that I did not know there was a hit (and therefore could not possibly have any intent to flee the scene) enough of a defense, or do I need to insist that the accident did not happen at all? Does the fact that I have returned to the scene not negate the "run" part of the charge? Should I contact my insurance to find out if they ended up paying the other guy's claim? Would it help me if they did not? Should I find out who their witnesses are and try to discredit them somehow?

    If you have any other advice or a piece of info, please tell me too. I will really appreciate any help or information.

    Thank you very much!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default Re: Prosecution for a Hit-And-Run Accident

    How long ago did this happen?

    If you have not been cited or charged, what makes you believe that you will be cited or charged? If you have been charged you're not going to "avoid criminal charges" - you're already charged (start reading).

    Witnesses do not appear or testify at an arraignment.

    Let us know whether or not you're actually charged with an offense, and we'll start there.

  3. #3
    Join Date
    Jul 2012
    Posts
    2

    Default Re: Prosecution for a Hit-And-Run Accident

    It happened about a couple of months ago, I think. Like late April/early May ...
    The police officer handed me a ticket that said "criminal application" on it, and said I needed to send it back to the court house to schedule a hearing to figure out if I should be charged with a criminal offence. Something like that, I am not sure of the details. I sent it back, and now I received a letter that says that I need to appear in court for an arraignment. I guess, that means, that I am already charged, I am sorry if I messed up the terminology, like I said, my familiarity with these matters ends about the level of "Law and Order".

    Is there anything specific I need to do at that arraignment? Like request a hearing or submit a motion or something like that? Or do I just say "not guilty", get a trial date and wait for the jury to hear my story and hope for the best?

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