The 5 most common questions if you run from a vehicle accident scene in Pennsylvania and New Jersey? How serious is it?
Our criminal defense law firm represents individuals charged with crimes in Pennsylvania and New Jersey. Many of these crimes involve vehicles and cars which are involved in an accident. In some situations, these offenses are drunk driving related (DUI-Pennsylvania and DWI-New Jersey). In other cases, however, they are simply accidents in which a person exercises poor judgement. When have received many phone calls from persons in Pennsylvania and New Jersey in situations where they did remain on site and simply ran from scene. Here are the answers to the most common questions that our criminal defense law firm receives:
- What am I legally obligated to do after an accident in Pennsylvania and New Jersey?
- How serious of a criminal charge is leaving the scene of accident in Pennsylvania?
- How serious of a criminal charge is leaving the scene of accident in New Jersey?
- What should do after a vehicle accident in Pennsylvania or New Jersey.
- If I fled the scene after the accident (hit/run), what should I do if police come to my home or workplace? What if the police threaten to arrest me if I don’t speak with them?
What is your legal obligation following an accident in Pennsylvania and New Jersey?
From a legal standpoint, you are legally obligated to remain at the scene following an accident, especially one in which a person is injured or killed. It is a crime to leave the scene of accident in Pennsylvania and New Jersey. This is known as the duty to give information and render aid (See Title 75, Section 3744; New Jersey has a very similar law, see 39:4-129 & 2C:12-1.1
How serious of a criminal charge is leaving the scene of accident in Pennsylvania?
Leaving a scene of an accident is a crime in Pennsylvania and New Jersey; it also implies conscious of guilt. Conscious of guilt is a common argument which Prosecutors use at trial and at preliminary hearings in Pennsylvania. Conscious of guilt can also be utilized in a probable cause analysis along with a bail argument to determine. This legal concept basically means that an individual fled the scene or acted in a particular way because they knew that they had committed an act against the law or some other wrongdoing.
How serious of a criminal charge is leaving the scene of accident in Pennsylvania?
Leaving the scene of an accident is a misdemeanor offense in Pennsylvania unless a person is seriously injured or killed. In those situations, leaving the scene of an accident is a felony offense. See Title 75 Section § 3743 – Accidents involving damage to attended vehicle or property). If the accident involves serious bodily injury or death, it a felony crime in the Commonwealth See Title 75 Section § 3742
How serious of a criminal charge is leaving the scene of accident in New Jersey?
In New Jersey, leaving the scene of an accident is a crime of the second degree when a person is killed and a crime of the third degree where a person is seriously injured. While a crime of the third degree normally carries of presumption of non incarceration, there is no such presumption for this particular crime in New Jersey. See 2C:11-5.1 and Leaving the Scene of an Accident in New Jersey (39:4-129 & 2C:12-1.1)
What should I do after a vehicle accident in Pennsylvania or New Jersey.
If you are in a vehicle accident involving another vehicle and you remain at the scene, DO NOT volunteer any information, and only provide the officer with your license and registration. Unless you are going to make an verbal or written statement admission that the accident was absolutely NOT your fault, I would advise against not speaking to police or providing a statement. All statements are admissible in Court and in potential civil actions. It is important to keep in mind that the civil and criminal standard are completely different.
The burden in Criminal Court is guilt beyond a reasonable doubt where the civil standard is preponderance. It is possible to be found not guilty in a Criminal Court, but still be liable civilly. Civil damages, however, will only subject you to monetary claims, whereas criminal penalties could result in loss of driver’s license, substantial fines, probation, and perhaps even State prison. For all these reasons, I would advise not speaking to police following an accident.
What do if you flee the scene of accident (aka hit/run accident)
If you leave the scene of the accident, there is a strong possibility that police will identify your vehicle from traffic camera footage or perhaps by-standers who took down your license plate following the incident. When police come to your home or place of business, I would advise against speaking to them but simply remaining silent and/or providing the name of your attorney.
What if the police threaten to arrest me if I don’t speak with them?
If police threaten to arrest you if you do not make a statement, simply let them arrest you as they were likely to do so anyway given that leaving the scene of an accident is a misdemeanor and possible even a felony crime. All communication between you and the police should be through your criminal defense lawyer, and you should only make possible admissions following the advice and counsel of your criminal defense lawyer attorney. There is a strong possibility that the alleged injured or family of the deceased party (estate) may file a civil lawsuit against you. You should make sure that your criminal defense lawyer and civil defense lawyer are in good contact
Finally, keep in mind that police are not permitted to search your home or vehicle without a search warrant. Do not give consent to search any of your property or your person without a search warrant. If police threaten to search anyway, simply allow them to do so. Do not get in their way but it make it clear, however that you are not giving consent for the search. Do not sign any documents authorizing a search. Do not submit to any chemical tests which would include blood, urine or breath testing. If police request that you appear at their station for an interview, do not go alone and contact your criminal defense lawyer immediately.
If you’re charged with leaving the scene of accident in Pennsylvania or New Jersey contact our law firm today. DO NOT make any statements or speak to police without consulting with a criminal defense lawyer!
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