Hit & Run

[quincy]

And rightly so. It isn't your or your lawyer's job to provide evidence against you to the state.

Don't poke the bear.

Not only is engtrak increasing his attorney expenses, he seems likely to talk himself into a criminal charge that might otherwise not be filed.

 

[engtrak]

And rightly so. It isn't your or your lawyer's job to provide evidence against you to the state.

Don't poke the bear.

already this is my second attorney.
I have changed the first attorney for this same reason but now second attorney also doing the same question.

Actually i have selected attorney thru internet. I do not know how to get right attorney.

 

[engtrak]

Not only is engtrak increasing his attorney expenses, he seems likely to talk himself into a criminal charge that might otherwise not be filed.

I hope it is not filed.
i am depressed and losing hope on life because of no clarity from attorney

 

[Just Blue]

1. Contact the state bar and get several referrals for Criminal Defense Attorneys.
2. Call and make an appointment with all for a consult.
3. After the consultations select the attorney that you (a.) have confidence in and (b.) you can afford.

 

[quincy]

already this is my second attorney.
I have changed the first attorney for this same reason but now second attorney also doing the same question.

Actually i have selected attorney thru internet. I do not know how to get right attorney.

If your two attorneys have told you the same thing, it seems likely a third attorney will tell you the same. But, if you want a new attorney, follow Just Blue’s advice quoted below.

1. Contact the state bar and get several referrals for Criminal Defense Attorneys.
2. Call and make an appointment with all for a consult.
3. After the consultations select the attorney that you (a.) have confidence in and (b.) you can afford.

Here is a link to the California Bar with help in finding an attorney in the Los Angeles area:
http://www.calbar.ca.gov/Public/Need-Legal-Help/Lawyer-Referral-Service/Los-Angeles-Area

You should listen to what your attorney says. That is why you have an attorney.

 

[engtrak]

when cop came to my home next day after the incident..
i confessed to the cop that I was driving the car.
On the spot at the incident -- I got down from my car and tried to give my information to victim but victim does not want to take it and victim got panic and called the cops then i got panic and I drove away from the incident. I did not tell this to the cop and hence this information not there in the collision report.

I have checked in CHP website and understood that we can add supplemental statements stating I did stop, tried to give my details but victim was not ready to take my details.
As these are the facts which are not mentioned in the CHP report - One month back I have informed my attorney that I will go and add this supplemental statements to CHP officer.
My attorney said we cannot add supplemental statements once report is prepared and finalized by CHP officer but below CHP instruction manual in the page 150 it says we can add supplemental statements...so its clear that my attorney does not have exposure to my kind of case..

https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/ca_chp555_manual_2_2003_ch1-13.pdf


All these outstanding concerns with attorney causing me sleepless nights

 

[CdwJava]

That particular manual is 17 years old. You can ask to add any supplements, but there is no requirement that they add anything to it - especially once it has been submitted to the prosecutor. The report is NOT direct evidence. Any new info you have can be presented at trial or provided to the City Attorney or the District Attorney (if charged as a felony, which I suspect will not occur ... but, you never know).

 

[engtrak]

That particular manual is 17 years old. You can ask to add any supplements, but there is no requirement that they add anything to it - especially once it has been submitted to the prosecutor. The report is NOT direct evidence. Any new info you have can be presented at trial or provided to the City Attorney or the District Attorney (if charged as a felony, which I suspect will not occur ... but, you never know).

may be it is 17 years old but each & every field in the pdf document are exactly same in the same order in my report also. My report and above pdf are exactly same.

I have anonymously called to another CHP office (not to my case office) - they confirmed that we can add supplemental statements. After that I have informed my attorney that I will add supplemental statements but my attorney said we cannot add.

As of today My case is not filed yet in the court system - so we are sure that case is not reached to prosecutor yet. so my point is if the civil compromise letter reaches to LA city attorney's office before the case gets filed then they consider me for office hearing or file as misdemeanor instead of felony.

 

[CdwJava]

As I mentioned, the reports - and your supplements - are NOT evidence. Adding them may do you more harm than good - especially if you feel the need to babble about what you did! I suspect your attorney suggested you NOT add them because they will not do you any real good.

As for being filed in the court, sending supplements to the DA increases the chance that they will not be considered or even lost. They can tend to get lost in the shuffle.

 

[engtrak]

another issue is in the CHP collision report
it says that Victim was driving the car but i clearly know that Vicitim's husband was driving.
They just swapped the positions and falsified to officer. I am not sure why they did? but this is fact that Victim was not driving but victim's husband wife was driving.
But i do not have dash cam - I cannot prove it.
I told to my attorney that we will add this statement also to CHP officer as supplement but my attorney said we cannot do that. so unable to understand what the hell my attorney's defense strategy is !!

Also in the CHP report its clearly mentioned that Victim was not having a driving license and she was identified by her another country passport.

 

[CdwJava]

Once more I remind you, the REPORT is NOT EVIDENCE. The CHP officer can only testify as to what his investigation revealed (measurements, physical evidence, etc.) and, to a lesser extent, what he was told (subject to hearsay). You can bring the driver swap up at trial IF it goes to trial, but, that doesn't change the fact that you appear to have fled the scene without providing the required information in violation of VC 20002 (or VC 20001 if a felony). Who drove and whether they were licensed or not would NOT absolve you of guilt for fleeing.

Your attorney isn't dealing with a defense strategy at the moment because there is no prosecution or defense at this point. Adding information and statements might only hurt you! Adding a supplement where you run off at the mouth may well hang you in a hit and run case, so he's probably wanting you to keep your shorts on and sit tight and wait and see.

 

[quincy]

Watch this video and then listen to your attorney:

If you continue to discuss your case against your attorney’s advice, you might find your second attorney withdraws from your case and you could find it difficult to find another attorney who is willing to deal with you.

 

[engtrak]

Once more I remind you, the REPORT is NOT EVIDENCE. The CHP officer can only testify as to what his investigation revealed (measurements, physical evidence, etc.) and, to a lesser extent, what he was told (subject to hearsay). You can bring the driver swap up at trial IF it goes to trial, but, that doesn't change the fact that you appear to have fled the scene without providing the required information in violation of VC 20002 (or VC 20001 if a felony). Who drove and whether they were licensed or not would NOT absolve you of guilt for fleeing.

Your attorney isn't dealing with a defense strategy at the moment because there is no prosecution or defense at this point. Adding information and statements might only hurt you! Adding a supplement where you run off at the mouth may well hang you in a hit and run case, so he's probably wanting you to keep your shorts on and sit tight and wait and see.

I agree that I drove away but I was just trying to tell the reason why I drove away...

 

[quincy]

I agree that I drove away but I was just trying to tell the reason why I drove away...

It doesn’t matter. If you are charged with the hit and run, your attorney will present all arguments for you.

 

[CdwJava]

I agree that I drove away but I was just trying to tell the reason why I drove away...

*IF* the matter goes to court, and *IF* your attorney believes it will be to your benefit to testify as to the why of it at trial, THEN you can try and explain yourself. Until then, all you will be doing is providing a written confession to the crime!

Wait and see ... wait and see ... and listen to your attorney.