An officer 'recommended' and hit and run for me to the DA. What will the process look like from here?

Question

I was almost hit by a car and swerved and hit a telephone pole at 2:30 AM. I left my car and walked home since I was fairly close and my phone was dead. I got home and fell asleep on my bed since I had suffered a minor concussion. I went back the next morning at 7:30, spoke with authorities and explained to them the situation and the officer said he needs to recommend me a hit and run to the DA. What will the rest of the process look like for me?

James L. Arrasmith · Answer

Here's an overview of what the process may look like from this point, based on the information provided: 
 
1. Officer's recommendation: The officer has recommended a hit and run charge to the District Attorney's (DA) office. This is not a formal charge yet, but a suggestion for prosecution. 
 
2. DA's review: The DA's office will review the officer's report and recommendation. They will decide whether to file formal charges or not. This decision is based on the evidence and the likelihood of conviction. 
 
3. Possible outcomes at this stage: 
   a) The DA may decide not to file charges if they believe there's insufficient evidence or mitigating circumstances. 
   b) The DA may file formal charges for hit and run. 
 
4. If charges are filed: 
   a) You will receive a summons to appear in court for an arraignment. 
   b) At the arraignment, you'll be formally informed of the charges and asked to enter a plea (guilty, not guilty, or no contest). 
 
5. Legal representation: It's advisable to consult with a criminal defense attorney at this point, if you haven't already. They can guide you through the process and help protect your rights. 
 
6. Further proceedings: Depending on your plea and the specific circumstances, there may be: 
   a) Pretrial conferences 
   b) Plea bargaining negotiations 
   c) A trial, if the case proceeds that far 
 
7. Potential penalties: If convicted of hit and run in California, penalties can include fines, probation, and possibly jail time, depending on the severity of the incident and any prior offenses. 
 
It's important to note that your explanation of the circumstances (near-miss with another car, concussion, dead phone) may be considered mitigating factors. However, leaving the scene of an accident is still a serious matter in California law. 
 
Given the potential consequences, it would be wise to consult with a criminal defense attorney who specializes in traffic offenses in California. They can provide more specific advice based on the details of your case and guide you through any legal proceedings.

Q: An officer 'recommended' and hit and run for me to the DA. What will the process look like from here?