Q: I'm in California. Detectives arrested my boyfriend for questioning and are calling to follow up with me about hit/run
It was an accident and I'm not pressing charges but neighbors witnessed him hitting me with a car and I was taken to ER for fractured leg. Should I say it was an accident/he was unaware or that he needed to hit me to stop me from attacking him with metal bar? I don't want him going to prison for this. My victim rights paper I got in the hospital said it was felony assault with a deadly weapon.
A:
You are under no obligation to talk to the police but you shouldn't lie to them. It is not up to you whether charges are filed against him, but up to the DA. The best course of action would be for you to talk to his attorney who can try to convince the DA not to file charges after getting a statement from you. If you went to the hospital for a broken leg, it could be Felony Hit & Run. The cause of the accident is not relevant; leaving the scene of the accident is a violation of VC 20002 or 20003!
Good luck!
1 user found this answer helpful
A:
no lawyer would ever advise you to lie.........however, you may want to consult with a lawyer to get permission to talk to them. They can't force you to do so..
it is not up to you whether charges are dropped. The victim is the people of the state of calif and the DA makes that recommendation to the court.
he may want to discuss what to do with his lawyer who will have ALL the facts.
whether he meant to hit you is irrelevant as to the Hit and Run.........
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
