Westport Evading Responsibility Lawyer
Evading responsibility in Connecticut is defined as being involved in some kind of motor vehicle accident and not stopping to either render assistance, report the accident, or give the person’s insurance information. The difference between a hit and run offense and evading responsibility offense is that hit and run is an informal term of evading responsibility. It can be written as either hit and run or evading responsibility and used interchangeably because it is pretty much the same thing, e.g., a hit and run is being involved with a motor vehicle and leaving the scene either by driving away or leaving on foot. If you have been charged with evading responsibility, speak with a skilled hit and run attorney. A Westport evading responsibility lawyer could devote the time and resources necessary to pursue a positive outcome for you.
Elements of an Evading Responsibility Offense
The key elements that comprise evading responsibility is that the person charged must be operating a motor vehicle (they must be sitting in the driver’s seat and driving the motor vehicle), they are involved in an accident that causes some kind of physical injury or property damage, and that they knew they were involved in that accident. It does not count if a person scrapes another person’s car or something like that and did not realize that it occurred. They have to know that they were involved in the accident and then left the scene. A prosecutor would be responsible for proving that the individual was operating a vehicle, that they were involved in an accident that caused injury or damage and that they then fled the scene.
Arrest Process for Evading Responsibility
Arrests in Greenwich for evading responsibility would probably begin with a phone call to the Greenwich Police Department by either the person who got hit or perhaps another person who witnessed the accident, which would prompt the police to come out and assess the damage of the accident. If a person’s car got hit, they will look at things like paint transfer or other damage. If it was property damage, they will do the same thing to ascertain what kind of property damage was sustained. They will obtain statements from anyone who might have seen the incident and if the victim or the complaining person was able to get a license plate number, the Greenwich Police Department will look up the owner of that license plate and if they have a local address, they will go to their house and speak to them about the incident. Following an arrest, an individual should reach out to a Westport evading responsibility lawyer that could begin building their case.
Importance of Miranda Rights
Miranda rights are the rights that the Greenwich Police Department would read to anyone who may potentially be charged with a crime. Those are the rights seen on TV police shows which advise the person being arrested that they have the right to remain silent and the right to an attorney. Those are the most important rights and should be read to someone suspected of committing a crime prior to any questioning by the police officer.
In the event that a Greenwich Police Officer fails to properly Mirandize a person (read them their Constitutional rights) during an arrest and before questioning, then it is possible that any statements that are made by a person that could incriminate them may be suppressed by the judge. Technically Miranda rights are supposed to be read to people prior to any questioning. If they are not read to them before questioning, if the person admits guilt or provides evidence against their defense, that statement may have to be suppressed by the court after the defense attorney files a motion. This might not avoid the arrest itself, i.e., the Greenwich police officer might still place the person under arrest, but it might be something that a Westport evading responsibility lawyer could use once the case gets to court, to obtain a more favorable disposition.
Value of a Westport Evading Responsibility Attorney
Anyone facing an evading responsibility charge should seek an experienced Westport evading responsibility lawyer as soon as they know that they are being investigated or that there is a warrant out for their arrest. A lot of times with an evading responsibility charge in Connecticut, the sooner the defense attorney gets involved the better. In some cases, the lawyer can even take the person into the Greenwich Police Department to make a statement or to show that any damage is being taken care of by their insurance and potentially avoid an arrest altogether. If the person learns that there is a warrant out for their arrest and there is no opportunity to make a statement, it would still be helpful to have counsel involved sooner rather than later. That way the defense attorney can arrange a time for the person to turn themselves in on the warrant and make sure that no questions are asked of the person during the booking process.