Stamford Evading Responsibility Arrests
Evading responsibility refers to the intentional abandonment of a car accident. Individuals have an obligation to phone the police and remain at the scene of an accident if they were involved. A person should seek legal counsel as soon as possible when facing an evading responsibility charge investigation. An experienced evading responsibility attorney could devote the time and resources necessary to build your defense. The attorney could also answer any questions you may have about Stamford evading responsibility arrests.
Evading Responsibility Arrest Process
The arrest process can take two different forms. The first form is when the police arrive on the scene and the individual has returned to the scene or is still there, and they decided to charge with evading responsibility. At that time they will take the person into custody, take them to the station and put them through the booking process.
If the individual does leave the scene and the police can gather enough information to request a warrant to submit to a judge, they will execute that warrant and arrest them. Stamford evading responsibility arrests do not always result in being booked, fingerprinted, and photographed for a mug shot at the police station. It is the police officer’s discretion if it is a misdemeanor. If they want to put a person through that process of being charged with a felony, then it will result in those things.
Misdemeanor Summons and Complaint Tickets
A Stamford misdemeanor summons and complaint is essentially a complaint from the police or even the court that they are charging him or her with evading responsibility. It lists the charges on a person’s information and then it gives one’s court date to show up at. Stamford does not have a Felony Summons and Complaint. If the police are charging a person with a felony, then they are required to take them into custody and put them through the booking process.
There is only a Misdemeanor Summons and Complaint ticket for evading responsibility. If a person is charged with a felony, the police will take them into custody and will process them. If a person is charged with a misdemeanor, it is up to the discretion of the police whether they give them a Misdemeanor Summons and Complaint, which will just tell them to show up at court on a certain day. The first step a person should take after they receive a Misdemeanor Summons is to contact an attorney.
Can a Ticket Constitute an Arrest?
Under Stamford law, a ticket for evading responsibility is considered an arrest. Most people do not think they were arrested when they were given a Misdemeanor Summons, but they are being charged with a misdemeanor and the court process is exactly the same as if the police put them in handcuffs and took them down to the station.
Miranda Rights
Individuals could challenge Stamford evading responsibility arrests by either negotiating with the prosecutor, taking it to trial, or applying for a Diversionary Program. One reason to challenge an arrest would be the violation of the defendant’s Miranda rights. Miranda rights are the rights that everyone sees on TV. It is a person’s right to remain silent, that anything they say can and will be used against them in a court of law; that if the person cannot afford an attorney, one will be provided for them. The police are required to read all individuals being arrested their Miranda Rights, especially before they are interrogated.
Value of a Stamford Evading Responsibility Lawyer
A criminal lawyer could help downgrade the investigation by helping to facilitate the payment of restitution between the two vehicles to make the alleged victim of the hit and run whole and prevent the police from making an arrest. In Stamford, a criminal lawyer should be involved in someone’s arrest case as soon as possible so they can let the police know that they are involved and take the necessary steps to start the defense process. A criminal lawyer could help leverage their expertise of the law and the legal system by using that experience to analyze the facts of what happened and look for any weaknesses in the case. Stamford evading responsibility arrests can be overwhelming but an attorney could help an individual navigate the process and fight for them.