Wilton Evading Responsibility Arrests
The arrest process in Wilton for an evading responsibility charge could be handled in one of two different ways. The first way Wilton evading responsibility arrests occur is if the police can visit the drivers home and question them about the accident. They may take them to the police station and book them for their arrest. In that case, the person would have to pay a bond to leave the police department.
The second way that an arrest may take place in an evading responsibility case is the police go to someone’s house to investigate an accident. They may issue a misdemeanor summons at the person’s home. This looks like a traffic ticket, but it is an arrest. As a skilled hit and run attorney knows, the summons has a date that the person needs to appear in court, but the person is not taken to the police station to be booked or fingerprinted.
Impact of the Failure to Mirandize the Accused
The Miranda rights in Wilton are that a person has the right to remain silent, which means that they do not need to answer any questions that the police ask them about the accident and that the person has the right to speak to an attorney prior to making any statements to a police officer.
In the event a law enforcement officer fails to Mirandize a person during an arrest, it might influence the investigation because anything that the person says to the officer would most likely be found inadmissible as evidence in court. The officer may have stopped investigating because they have an admission from the operator, but that admission may not be used in court if the person was not properly Mirandized.
What is the Timeframe for Evading Responsibility Charges?
The general timeframe of an evading responsibility case depends on several factors. The first court date may be scheduled a few weeks after Wilton evading responsibility arrests are made. Once an individual is arrested, the police officer gives a court date immediately.
A first-time offender who left the scene of an accident may be placed in a first-time offender program. The one that would be used for this charge is called the pre-trial accelerated rehabilitation program. If someone is granted the program by the judge and successfully completes it, their case is dismissed.
Statutorily, the judge has the discretion to make the program last up to two years. If a first-time offender uses the program, the timeframe of their case could be from six months to two years. If a person has used the program and is not eligible to use it again or pleads not guilty and the case goes to trial, the case will typically take longer than two years to resolve.
Defining the Process of Fighting Hit and Run Accusations
The process for refuting an evading responsibility charge depends on the case. If a person did evade responsibility, an attorney may still get the case dismissed, but it requires several trips to court and negotiations with the state’s attorney to see what steps need to be taken. If a person pleads not guilty or that if someone else committed the crime and they are being blamed for it, the case might be taken to trial.
How an Attorney Could Help
A person facing Wilton evading responsibility arrests should seek legal counsel because there are three different charges that an individual may be charged with when they are brought to court. The lowest charge that an individual may be charged with is a Class A misdemeanor, which is punishable by jail time, a fine, and probation. Any time someone is charged with something that involves jail time, they should contact an attorney as soon as possible.
A criminal lawyer could leverage their expertise of the law in the legal system to help a person facing an evading responsibility charge in Wilton by analyzing the facts of the case, analyzing the police report, and determining whether or not the facts of the case fall under the evading responsibility statute in Connecticut. They may also speak to prosecutors to determine whether or not they have enough information to prosecute the case or bring the case to trial.