Hit and Run Charges Lawyer

We’ve seen countless Houston residents face the devastating impact of hit and run charges. As Kelly Benavides’ legal team, we’ll guide you through Texas’ complex hit and run laws while protecting your rights and future. Our proven defense strategies have helped clients minimize penalties, challenge evidence, and achieve favorable outcomes. Let’s examine how our thorough investigation process and extensive case experience can strengthen your defense against these serious allegations.

Key Points

• Kelly Benavides specializes in defending hit-and-run cases in Houston, providing representation through all phases of criminal proceedings.
• Immediate legal consultation helps preserve evidence and protect rights when facing hit-and-run charges in Texas.
• Defense strategy includes analyzing physical evidence, investigating constitutional violations, and gathering expert testimony for alternative explanations.
• Cases are handled systematically through initial investigation, pre-trial negotiations, and final resolution phases spanning 3-12 months.
• Representation covers both misdemeanor property damage cases and felony injury cases under Texas hit-and-run laws.

Understanding Hit and Run Laws in Texas

We comprehend the severity of these charges, as they can range from a misdemeanor to a felony depending on the circumstances and injuries involved.

The law requires us to stop, remain at the scene, and provide our name, address, vehicle registration, and insurance information to others involved. We must also render reasonable assistance to any injured persons. If we leave the scene of an accident involving injury or death, we face second or third-degree felony charges.

Even in accidents with only property damage, we’re still legally obligated to stop and exchange information, or we risk misdemeanor charges.

Consulting with experienced defense attorneys early in the process maximizes opportunities to challenge evidence and engage in pre-trial negotiations for reduced charges.

Potential Penalties for Hit and Run Cases

The consequences of leaving an accident scene in Texas carry serious legal ramifications. It’s vital to comprehend how overwhelming these charges can be, but it’s important to know what you’re facing.

For accidents involving death or serious injury, you could face 2-20 years in prison and fines up to $10,000 as a second-degree felony.

If the accident caused less severe injuries, you’re looking at third-degree felony charges with 2-10 years in prison and up to $. Similar to intoxication manslaughter cases, these serious charges can impact employment, housing, and professional licensing opportunities.

Why Choose Kelly Benavides as Your Defense Attorney

Facing serious hit and run charges in Houston requires skilled legal representation from an experienced criminal defense attorney. Kelly Benavides brings over 15 years of successful case outcomes defending clients against hit and run charges in Texas courts.

We understand you’re looking for an attorney who’ll fight tenaciously for your rights. Kelly’s proven track record includes numerous case dismissals and reduced charges through skilled negotiation and aggressive defense strategies. She’s intimately familiar with Harris County courts, prosecutors, and local traffic laws.

Our firm offers personalized attention to every case, ensuring you’re never just another file number. Kelly’s expertise in accident reconstruction, witness examination, and evidence analysis has helped countless clients achieve favorable outcomes. When you work with Kelly Benavides, you’re choosing a dedicated advocate who’ll stand by your side throughout the legal process. As a Superb Avvo Rating attorney with over two decades of experience, she consistently delivers industry-recognized criminal defense services for her clients.

Common Defense Strategies for Hit and Run Charges

We employ several proven defense strategies to protect clients facing hit and run charges in Houston, including establishing driver misidentification through evidence and witness testimony.

Our team can build a strong defense by demonstrating a lack of criminal intent, especially in cases where our clients were unaware of causing damage or injury. When appropriate, we’ll present evidence of legitimate emergency situations that necessitated leaving the scene, such as seeking urgent medical care or avoiding imminent danger. We thoroughly document all arrest details and evidence to build the strongest possible defense and protect our clients’ rights.

Proving Driver Misidentification

Proving driver misidentification stands as one of the most effective defenses in hit and run cases, particularly when witness accounts are unreliable or physical evidence is limited. We’ll help establish reasonable doubt by carefully examining the circumstances surrounding the alleged incident and gathering evidence that challenges the prosecution’s identification of the driver.

We’ll work together to build a strong defense by meticulously documenting every detail that supports your case and challenges the accuracy of the identification evidence.

Here are key ways we prove driver misidentification:

1. Analyzing surveillance footage to demonstrate inconsistencies in vehicle or driver descriptions
2. Documenting alibis through cell phone records, credit card transactions, or witness testimony that places you elsewhere
3. Highlighting poor visibility conditions, such as darkness, rain, or distance, that could have impaired witness identification

Lack of Criminal Intent

Demonstrating lack of criminal intent serves as another powerful defense strategy in hit and run cases. We can show that our client didn’t realize they were involved in an accident or genuinely believed there was no damage or injury requiring them to stop. This defense becomes particularly effective when supported by evidence like poor visibility, weather conditions, or vehicle characteristics that could mask collision awareness.

We’ll analyze factors that might’ve prevented our client from knowing an accident occurred, such as driving a large truck that wouldn’t feel minor contact or encountering situations with loud ambient noise. Additionally, we’ll investigate if our client had any reasonable belief that no damage or injury resulted from the incident. Proving absence of criminal intent can substantially impact the prosecution’s ability to secure a conviction.

Emergency Situation Defense

Beyond lack of intent, emergency situations can provide a valid legal defense in hit and run cases. We appreciate that sometimes drivers leave the scene due to legitimate emergencies that take precedence over remaining at the accident site. These circumstances require careful documentation and evidence to build a strong defense strategy.

Common emergency situations that may justify leaving the scene include:

1. Medical emergencies requiring immediate hospital transport
2. Natural disasters or dangerous weather conditions forcing evacuation
3. Immediate threats to personal safety from other parties involved

We’ll help establish that your emergency was genuine and reasonable under the circumstances. This defense strategy often requires witness statements, medical records, or other documentation to verify the emergency’s severity. When properly presented, courts may recognize that the emergency justified the temporary departure from accident scene obligations.

The Investigation Process in Hit and Run Cases

The investigation of a hit and run case involves multiple critical stages that law enforcement must carefully document and track. Authorities understand investigators gather physical evidence from the scene, including vehicle debris, paint samples, surveillance footage, and witness statements. They’ll analyze skid marks, traffic camera data, and any photos taken by bystanders.

The police will canvas the area for damaged vehicles matching the description and work to establish a timeline of events. They’ll check repair shops, review license plate data, and cross-reference vehicle registrations. Experience shows forensic analysis often plays a key role, with experts examining paint transfers, broken parts, and impact patterns. DNA evidence and fingerprints may be collected if there was direct contact between vehicles or individuals. Similar to red light camera evidence, investigators must meticulously review all photographic and video footage to identify potential inaccuracies or extenuating circumstances.

Building a Strong Legal Defense

Strong legal defense strategies in hit and run cases require a systematic approach built on multiple pillars. We’ll thoroughly examine every aspect of your case to identify weaknesses in the prosecution’s evidence and build a compelling defense tailored to your situation.

We meticulously analyze physical evidence, including vehicle damage patterns, surveillance footage, and accident reconstruction reports to challenge identification claims.

We investigate potential constitutional violations during the arrest or evidence collection that could lead to evidence suppression.

We gather witness statements and expert testimony to support alternative explanations or establish mitigating circumstances.

Our defense team understands the stress you’re facing, and we’ll leverage our experience with Texas hit and run laws to protect your rights. We’ll explore every legal avenue, from negotiating reduced charges to presenting compelling arguments in court.

Our attorneys can help minimize the impact of reckless driving charges that could result in serious consequences like license suspension, hefty fines, and potential imprisonment.

Rights of the Accused in Hit and Run Incidents

While building your defense strategy, understanding your constitutional rights remains fundamental to protecting your interests in a hit and run case. We’ll guarantee you’re aware of your right to remain silent, your right to legal representation, and your protection against self-incrimination. These rights apply from the moment of initial police contact through the entire legal process.

You’re entitled to review all evidence against you, challenge witness statements, and question the prosecution’s case. We won’t let law enforcement conduct unlawful searches or seizures of your vehicle or property.

If you’re arrested, you have the right to reasonable bail and a fair, speedy trial. Remember, you’re presumed innocent until proven guilty, and the burden of proof lies entirely with the prosecution.

Your attorney will help prepare you for cross-examination strategies to avoid providing potentially incriminating evidence during questioning.

Timeline of a Hit and Run Case in Houston

Understanding how your hit and run case will unfold in Houston’s legal system helps you prepare for each pivotal phase. We’ll guide you through the standard timeline that most cases follow in Harris County courts, from the initial investigation to the final resolution.

1. Initial Phase (1-30 days): Police gather evidence, interview witnesses, and review surveillance footage while prosecutors decide whether to file charges. We’ll begin building your defense during this essential period.
2. Pre-Trial Phase (2-6 months): We’ll examine discovery materials, negotiate with prosecutors, and file necessary motions. This phase may include bond hearings and preliminary court appearances.
3. Resolution Phase (3-12 months): Your case will conclude through plea negotiations, dismissal, or trial. Most hit and run cases resolve within this timeframe, though complex cases may take longer.

During each phase, our team emphasizes clear communication strategy to keep you informed about your case developments and legal options.

Steps to Take After Being Charged

If you’re facing hit and run charges in Houston, we’ll guide you through three critical immediate steps.

First, don’t speak to law enforcement without legal representation – contact our defense team right away to protect your rights and begin building your defense strategy.

We’ll help you properly gather and preserve important evidence like surveillance footage, witness statements, and vehicle damage documentation before it disappears.

Having an attorney with criminal law expertise is crucial for preserving your personal rights and freedom while navigating complex legal proceedings.

Contact A Defense Attorney

Reaching out to an experienced hit and run defense attorney should be your immediate priority after being charged. It’s understood that facing criminal charges can feel overwhelming, but having skilled legal representation can make a significant difference in your case’s outcome. At our firm, Kelly Benavides will help protect your rights and build a strong defense strategy.

When selecting your defense attorney, look for these essential qualities:

1. Experience specifically handling hit and run cases in Houston courts
2. Track record of successful case outcomes and plea negotiations
3. Clear communication style and willingness to explain your legal options

It will be reviewed the evidence, identified potential weaknesses in the prosecution’s case, and developed a strategic defense approach. Remember, the sooner you involve a defense attorney, the better positioned you’ll be to challenge the charges effectively.

Gather Evidence Immediately

After securing legal representation, collecting evidence quickly becomes a key priority in your hit and run defense. We’ll help you gather surveillance footage from nearby businesses, locate eyewitnesses, and document the accident scene with photos. We’ll also obtain police reports, medical records, and any relevant vehicle repair estimates.

Time is critical since evidence can disappear and memories fade. We’ll work with accident reconstruction experts to analyze skid marks, vehicle damage patterns, and other physical evidence. Our team will request any available dashcam footage, traffic camera recordings, or cell phone videos from witnesses.

We’ll also examine weather conditions, road maintenance records, and traffic signal timing data that might support your defense. Building a strong evidence portfolio now gives us the best chance to protect your rights later.

Avoid Self-Incriminating Statements

Defendants frequently make the critical mistake of discussing their hit and run charges with police, friends, family, or on social media before consulting an attorney. We strongly advise our clients to exercise their right to remain silent until we’ve thoroughly reviewed their case.

To protect your legal rights and avoid self-incrimination, follow these essential guidelines:

1. Don’t provide statements to law enforcement without your attorney present
2. Refrain from discussing the incident on social media or in text messages
3. Decline to answer questions from insurance companies until consulting with counsel

How Past Case Results Shape Your Defense

Past case results stand as powerful indicators of a criminal defense attorney’s ability to navigate hit and run charges successfully. We carefully analyze prior cases to develop winning strategies for your defense, drawing from proven approaches that have worked for others in similar situations.

Our experience with past hit and run cases shapes how we’ll approach your defense. We’ve learned which strategies resonate with Houston juries, which evidence carries the most weight, and how to effectively challenge prosecution tactics. This knowledge becomes your advantage as we craft a defense strategy tailored to your specific circumstances. Similar to DWI cases, credible witness testimony can significantly strengthen your defense by providing alternative perspectives about the incident.

Frequently Asked Questions

Will My Auto Insurance Rates Increase After a Hit-And-Run Charge?

We’d expect your auto insurance rates to increase substantially after a hit-and-run charge, as insurers view this offense seriously. It’s common to see premiums double or triple for several years.

Can I Still Travel Internationally While My Hit-And-Run Case Is Pending?

We strongly recommend consulting your lawyer before international travel during a pending hit-and-run case. Your ability to leave depends on court restrictions and bond conditions specifically placed on you.

How Long Will a Hit-And-Run Charge Stay on My Driving Record?

A hit-and-run conviction typically stays on your driving record for 3-7 years, but in some states, it’s permanent. We recommend consulting your state’s DMV for specific timeframes.

Can Surveillance Footage From Nearby Businesses Be Used in My Defense?

We can gather surveillance footage from nearby businesses to support your defense. It’s often valuable evidence that may show what actually happened or identify other vehicles involved in the incident.

Will My Employer Be Notified About My Hit-And-Run Charges?

We can’t guarantee your employer won’t discover your hit-and-run charges, as they’re public record. However, unless your job requires reporting criminal charges, there’s no automatic notification system to employers.

Takeaway

We’re committed to providing the strongest defense against hit and run charges in Houston. With Kelly Benavides’s extensive experience in Texas hit and run law, we’ll thoroughly investigate your case, challenge evidence, and protect your constitutional rights. The firm comprehends the serious nature of these charges and their potential impact on your future. Our proven track record demonstrates our ability to secure the best possible outcomes for our clients.