Texas Criminal Defense Lawyers

Texas Criminal Defense Lawyers help you fight criminal charges in Texas courts.

Call Us Free Legal Consultation

888-205-9314

  • Home
  • Texas Criminal Laws & Penalties
  • Texas Criminal Procedures
    • Assault
    • Burglary
    • Criminal Mischief / Arson
    • Disorderly Conduct
    • Domestic Assault Laws
    • Drug Delivery
    • Drug Possession
    • Drug Possession – Cocaine
    • Drug Possession – Heroin
    • Drug Possession – Marijuana
    • Drug Possession – Methamphetamine
    • DWI Laws
    • DWI – 2nd Offense
    • DWI – Occupational License
    • Embezzlement
    • Failure to Appear / Bail Jumping
    • Fraud
    • Harassment
    • Hit and Run
    • Robbery
    • Reckless Driving
    • Suspended License
    • Sex Offenses
    • Theft
    • Violation of a Protective Order
    • Weapons Charges
  • About the Attorneys
    • Disclaimer / Privacy
  • Blog

What Should I Do If The Police Think I Committed a Hit and Run ?

April 14, 2017

If the police are calling you or knocking on your door at your home, you are never obligated to speak with them. And it would be a mistake for you to do so, in almost ever case.

You are better off not answering the phone or returning the call, or not answering the door. If you are trapped and a police officer sees you, and you feel you have to say something, you should just say “I need to speak with my lawyer” and leave.

What happens when the police are investigating a hit and run?

texas police investigatoinIt is usually not that hard for them to identify the vehicle involved. They very often get a plate or partial plate from witnesses, and the make, model, and color of the car. Sometimes there are surveillance videos nearby, or red light cameras, or toll cameras and license plate scanning readers.

Once they find the car, maybe in your driveway, they can identify if there is any damage to your vehicle that is consistent with might have happened in the accident. That’s the easy part.

Proving who was driving the car at the time is always the challenge. Just because you own the car, and it’s parked outside your house, doesn’t mean you were the person behind the wheel at the time of the incident.

That’s what they are looking to establish. And the easiest way for them to prove that is to get you to admit it.

But if you admit, it, you will usually be arrested. You will possibly just receive a criminal citation (which you will get if they still can’t prove that you were driving and left the scene of the accident).

But admitting to a crime and being arrested limits your legal defense options substantially, and will make it go worse for you.

“Yeah, but I actually did it.” It doesn’t matter. You are still not under any obligation to implicate yourself.

As a decent person who made a mistake, you are not obligated to punish yourself with the worst possible criminal penalties, which is what you are risking if you confess to the police.

I understand you want to make it right, and that’s what we can do. We want the victim to be compensated, and have his or her car fixed, or whatever is necessary.

We can do that with your attorney dealing with the insurance company, and not accepting unnecessary and possible extreme and life changing criminal penalties for you.

The police are knocking on my door. What should I do?

Do not answer the door or speak to them. If they see you or you are forced to say something, just tell them you won’t speak to them without a lawyer and say nothing else.

The Police are calling me on the phone and left me a voice mail.

Do not call them back. Speak to an attorney about how to proceed.

The police sent me a letter asking me to come in for questioning.

You should not go to this meeting without legal representation and a plan. You are not obligated to meet them or speak with them.

Won’t it look suspicious if I don’t respond to a police request to talk to them?

Maybe. But there is nothing they can do about it.  If their suspicion means they issue a criminal citation for leaving the scene of an accident, then that was going to happen anyway, no matter what. There is nothing you could have said to prevent it.

What can an attorney do when speaking to the police?

A lawyer can admit to “hypothetical” situations without implicating you, and nothing can be used against you in court. Basically, we can figure out what the police want to happen.

What about the insurance company? Shouldn’t I report the accident so they can pay for repairs?

No, not yourself. You can’t report the accident without implicating yourself. And anything you say to your insurance company is accessible by the police. Many insurance companies will record all claims call submissions, and may even immediately report it to the police.

But your attorney can talk to the insurance company, get them to pay the claim to get your car fixed, and get the victim’s car fixed.

In fact, in dealing with the insurance company, and making sure the victim is compensated, your attorney can help your criminal case. We can speak to the officer or detective investigating the case, and inform him that the victim is going to be totally covered by the insurance. Then the victim is happy, and the police may not be overly concerned about the charges, as long as the victim is made whole.

What if there was an injury in the hit and run?

The stakes and possible criminal charges are more serious. If someone in another car was hurt and you left the scene of an accident involving injury, you are facing a felony charge, even for a minor injury.

For a minor injury, you are facing a state jail felony, punishable by up to 2 years in jail, and fines up to $10,000 if you are found guilty.

For a case involving serious injury or death, it is a 3rd degree felony, which is punishable by 2-10 years in prison if you are found guilty.

Please call us for help on any leaving the scene of an accident case in Texas.

In most cases, the situation is fixable, especially if you don’t admit to anything. Most of our clients in the Dallas area in particular end up with a deferred adjunction Class C misdemeanor reduction. This is also an outcome that can be expunged, so it doesn’t have to hurt your future and your criminal record. Options may be different in other court jurisdictions around the state, but the laws are the same, and the advice is the same.

If you’ve read this far, great. I hope this was helpful.

The most important thing to remember, once again, is don’t admit anything, and don’t talk to the police. Call us, and we can help.

Filed Under: criminal law

Dallas Feels Heat for School to Prison Pipeline

July 12, 2013

The “school to prison pipeline” has become a popular phrase lately, but it isn’t just a hot tagline devoid of meaning. Kids who are criminalized at a young age are far more likely to be a fixture in the criminal justice system when they get older. This “pipeline” from school to prison is no more apparent than in Dallas Public Schools, where the Dallas County truancy courts prosecuted 36,000 cases last year alone. It’s this practice—of cuffing, prosecuting, and fining kids at an alarming rate—that has Dallas facing a potential civil rights lawsuit. [Read more…]

Filed Under: criminal law Tagged With: jail, juvenile

Houston Police Make Mental Health Improvements

July 5, 2013

In 2007, change swept the Houston Police Department and the way they handled the mentally ill. Change came after two people with schizophrenia were shot and killed by police only two months apart. In the past 5 years, the changes that were made have proven effective—effective in getting the mentally ill the help they need and improving police relations with them. Houston’s efforts are being held up as an example across the country and they certainly deserve it. [Read more…]

Filed Under: criminal law Tagged With: crime, criminal procedure, mental health

TX Federal Judge Makes Fiery, Discriminatory Comments

June 12, 2013

Federal Judge Edith Jones is facing ethics complaints after a speaking engagement in which she said, among other things, that racial minorities are “more violent” than whites and that claims of racial bias in death penalty cases are usually nothing more than “red herrings”. The judge, who sits on the 5th Circuit Court of Appeals (which includes TX jurisdiction) is said to have violated several canons in the code of conduct for federal judges. [Read more…]

Filed Under: criminal law

Bill to Require Prosecutor Evidence Training

June 3, 2013

When you are facing criminal charges, the case against you  likely contains details that are crucial to you building a successful defense. In other words, you can’t prepare for battle without knowing what the other side is armed with. Governor Rick Perry now has a chance to sign a bill that would make it easier for you to know the prosecutor’s hand—a bill that is crucial in preventing wrongful convictions and even prosecutor misconduct. [Read more…]

Filed Under: criminal law

Police Would Have You Think Drones Are No Threat

April 2, 2013

Numerous police agencies across the country are salivating at the opportunity to have a new militaristic toy to add to their arsenals. The hot item right now is the drone and several departments within Texas have them. A recent report in the Star Telegram, however, seems to attempt to paint the eyes-in-the-sky as harmless remote-controlled helpers rather than anything that could be potentially used to violate privacy rights. [Read more…]

Filed Under: criminal law Tagged With: police, privacy, surveillance

Texas Justice Calls for Criminal Justice Reforms

March 19, 2013

“If the remedy is unaffordable, justice is denied.”

Texas Supreme Court Chief Justice Wallace Jefferson “held court” in front of a joint session of the state Legislature last week and indicated major changes are needed in the Texas justice system. Namely, he said, justice is currently only afforded to those who can afford it. He also questioned the criminalization of school children and how the state plans to deal with wrongful convictions. [Read more…]

Filed Under: criminal law Tagged With: criminal procedure, juvenile

Texas Lawmakers Consider Lessening Some Criminal Penalties

March 5, 2013

The use of alternative courts have reduced Texas’ dependence on prisons, so much so that the state could stand to shut down three prisons this legislative session—unheard of for one of the most incarcerated states in the most incarcerated nation in the world. But experts are now calling on lawmakers to slow the flow of inmates into the system in another way, by reducing the penalties for some nonviolent and relatively common offenses. [Read more…]

Filed Under: criminal law

Dallas Cops Now Required to Get Written Consent for Searches

February 19, 2013

When a cop doesn’t have a warrant or exigent circumstances (circumstances that would provide for the destruction of evidence or commission of a crime), he cannot search your property without your consent. While this seems simple, many people don’t understand that if a cop asks, “Mind if I search your car?”, they can say no. Now, the city of Dallas is going to make the process of consent searches more sound by requiring cops to get written or recorded consent every time. [Read more…]

Filed Under: criminal law Tagged With: civil liberties, criminal procedure, police

DA Pushes Texas Racial Justice Act

February 18, 2013

In the spirit of similar laws out of North Carolina and Kentucky, Dallas County District Attorney Craig Watkins plans on advocating for a Racial Justice Act in the state of Texas. The law would give convicted criminals a route to appeal their case on the grounds that they were convicted, in part, due to racism. [Read more…]

Filed Under: criminal law

Next Page »

Free Consultation

Contact our attorneys for a free legal case evaluation on any criminal charge by calling:

888-205-9314


Receive our free legal defense consultation and case evaluation. We'll explain what you are facing in plain language, and tell you how we can help.
Copyright © 2023 Get Lawyer Leads, Inc.
THIS IS AN ADVERTISEMENT. This is not a law firm or referral service and does not provide legal advice. This is a free matching service only, claim reviews will be performed by a third party attorney. An attorney-client relationship is not formed when you submit the form and you are under no obligation to retain a lawyer who contacts you through this service. Services are not available in all states.