How to Attack Hit-and-Run Charges in West Virginia Criminal Court
A hit-and-run charge in West Virginia can have serious consequences, not only legally but also for your personal and professional life. If you’re facing a hit-and-run charge, you may feel overwhelmed and uncertain about what comes next. The good news is that a hit-and-run charge is not a foregone conclusion, and with the right defense strategy, you can fight these charges and work toward the best possible outcome.
At Frank Walker Law, we understand the complexity of hit-and-run cases in West Virginia criminal court, and we’re here to guide you through the process. In this blog post, we’ll explain what constitutes a hit-and-run in West Virginia, common defense strategies, and how we can help you mount an effective defense against these charges.
What Is a Hit-and-Run in West Virginia?
In West Virginia, hit-and-run is a criminal offense that occurs when a driver is involved in an accident but leaves the scene without providing necessary information or offering assistance to the other party. Whether it’s a minor fender-bender or a more serious collision, leaving the scene of the accident can lead to criminal charges.
The law requires drivers involved in accidents to stop, provide their identifying information, and assist the injured, if necessary. A hit-and-run charge can apply to accidents involving vehicles, pedestrians, cyclists, or even property damage.
Depending on the circumstances, a hit-and-run can result in misdemeanor or felony charges. The penalties for a conviction vary, but they can include jail time, fines, license suspension, and a permanent criminal record. If you’re facing a hit-and-run charge in West Virginia, it’s critical to understand your rights and options in order to develop a strong defense.
Common Defenses Against Hit-and-Run Charges in West Virginia
A hit-and-run charge may seem straightforward, but there are several defense strategies that can be employed to challenge the prosecution’s case. Here are some of the most common defenses to hit-and-run charges:
1. Lack of Knowledge or Awareness
One of the strongest defenses in a hit-and-run case is that you didn’t know an accident occurred. In some cases, you may have been involved in a minor collision, but you didn’t realize the extent of the damage or that you hit another vehicle or person. For example:
You might have accidentally brushed against another car without noticing.
You could have been unaware that there was any damage to the other vehicle or that someone was injured.
In these situations, your attorney can argue that you were unaware of the accident and therefore did not intentionally leave the scene. Proving that you didn’t know an accident took place can sometimes be a persuasive defense.
2. You Didn’t Leave the Scene
If you were involved in an accident but didn’t leave the scene, there may be evidence to suggest that you fulfilled your legal obligations. For example, if you stopped your vehicle and exchanged information with the other driver, but later left because you didn’t realize the seriousness of the situation, it may be possible to argue that you didn’t “leave” the scene in the legal sense.
In some cases, the prosecution may mistakenly believe that you left the scene, when in fact, you may have been trying to assist or gather information. Evidence such as witness statements, security camera footage, or phone records can be used to support your defense.
3. False Identification or Identity Mix-Up
In some cases, individuals are wrongly accused of a hit-and-run because of a misidentification. Perhaps someone else was involved in the accident and left the scene, but the authorities mistakenly identified you as the driver. Witness misidentification or incorrect vehicle descriptions can also play a role in falsely implicating you.
If there are inconsistencies or inaccuracies in the way your identity was linked to the accident, your attorney can challenge the evidence and witness testimony that led to your arrest. In some cases, this could result in the charges being dropped or reduced.
4. You Were Not the Driver
Another potential defense is that you were not the driver at the time of the accident. Perhaps someone else was behind the wheel when the collision occurred, and you were not even present at the scene of the accident. It’s important to remember that criminal liability typically lies with the individual who was driving the vehicle at the time of the accident.
Your attorney will examine the facts of your case to determine if someone else was involved or if the evidence against you is weak. If you can show that you were not the driver, the charges may be dismissed.
5. The Accident Was a Medical Emergency
If you were involved in an accident but left the scene due to a medical emergency, this may serve as a valid defense. For example, if you were experiencing a medical condition such as a heart attack, stroke, or seizure that impaired your ability to think clearly or control your actions, you may be able to argue that your behavior was a result of the emergency and not criminal intent.
In these cases, you would need medical documentation to support your claim. Your attorney can help gather the necessary records and evidence to show that you were physically unable to fulfill your legal obligations.
Steps to Take if You’re Charged with a Hit-and-Run in West Virginia
If you’ve been charged with a hit-and-run in West Virginia, here are the important steps to take to protect your rights and begin your defense:
1. Contact an Experienced Criminal Defense Attorney
The first and most important step is to contact a criminal defense attorney with experience handling hit-and-run cases. A knowledgeable attorney can help you understand your rights, guide you through the legal process, and develop a defense strategy tailored to your case.
At Frank Walker Law, we have the skills and experience needed to defend you against hit-and-run charges in West Virginia. We will review the evidence, challenge any inconsistencies, and fight for the best possible outcome.
2. Gather Evidence and Documentation
If possible, try to gather any evidence or documentation related to the accident. This could include:
Witness statements that can support your version of events.
Dashcam footage or surveillance video that shows the accident.
Medical records if a medical emergency played a role in the incident.
Your attorney will help you collect and preserve any evidence that may be useful in your defense.
3. Be Honest and Transparent
It’s important to be honest and transparent with your attorney about what happened. The more information your attorney has, the better they can prepare your defense. Even if you made a mistake or didn’t realize the seriousness of the situation, being upfront will allow your attorney to work on finding the best strategy to minimize the consequences.
4. Consider Settlement or Negotiation
In some cases, your attorney may be able to negotiate a plea deal or settlement with the prosecution. This could involve reducing the charges or seeking a lesser penalty in exchange for a guilty plea. If the evidence is against you or if a conviction seems likely, a plea bargain may be the best option to avoid harsher penalties.
How Frank Walker Law Can Help You Fight Hit-and-Run Charges
If you’ve been charged with a hit-and-run in West Virginia, don’t try to navigate the legal system on your own. The consequences of a conviction can be severe, and you need an experienced criminal defense attorney to help protect your rights.
At Frank Walker Law, we are committed to providing aggressive and effective legal defense for individuals facing hit-and-run charges. We’ll thoroughly investigate the details of your case, develop a personalized defense strategy, and fight to achieve the best possible outcome.
If you’re facing a hit-and-run charge in West Virginia, don’t wait to take action. Contact Frank Walker Law today for a consultation and let us help you navigate this challenging legal situation.
Call us or schedule a consultation online. We are here to defend your rights and fight for your future.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.