If I was in a car accident and my case has been classified as a “hit and run” because I failed to notify the police right away but came back to the scene 10 minutes late, will I go to jail?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was in a car accident and my case has been classified as a “hit and run” because I failed to notify the police right away but came back to the scene 10 minutes late, will I go to jail?

So my case is a “failure to notify accident” case. This is my first every conviction and accident. I initially left because I was injured.

Asked on September 14, 2015 under Criminal Law, North Carolina

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No attorney can ethically tell you exactly what will or won't happen.  However, considering that no one else was hurt and you don't have a criminal history, you have a very good chance for a lighter sentence, like probation, if you are convicted of this offense.
You also have a decent chance, based on what you've described, at obtaining a dismissal.  Every offense has what is called an "intent" requirement.  You have an "absence of intent" defense.  Basically, the argument is that you did not intend to "hit and run".  Your intent was to seek medical treatment and you did return.  You also have a defense of "necessity."  You are not required to suffer with an injury on the side of the road--- you can obtain medical attention as long as you're are not actively avoiding law enforcement. 
It sounds like you have already had a first court date.  They have told you to come back because your case is still pending and under review.  You need to try to hire an attorney before your next court date to appear with you and assert your defenses.  If you cannot afford an attorney, you need to call the court coordinator or court clerk to learn the procedures for applying for a court appointed attorney in the jurisdiction where your case is pending.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption