I WAS CHARGED WITH DWI AND LEAVING A SCENE OF A PERSONAL INJURY,

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THEY NEVER PULLED ME OVER OR STOPPED ME. AFTER BEING HOME FOR SEVERAL MINUTES I WENT BACK TO MY CAR TO PUT SOMETHING IN IT AND POLICE ROLLED UP SAYING I WAS BEING CHARGED WITH DWI. I DIDN'T FIND OUT UNTIL THE NEXT DAY I WAS BEING CHARGED WITH LEAVING A SCENE OF PERSONAL INJURY. I NEVER FELT ANYTHING OR SEEN ANYTHING FLY ACROSS MY WINDOW. NOW THEY HAVE A HOLD ON MY CAR AND WILL NOW RELEASE IT. IT'S BEEN OVER A WEEK NOW. MY LAWYER CAN'T EVEN GET IT RELEASED. WHAT IS THE PROBLEM AND WHY DO I HAVE TO WAIT SO LONG. AND WHAT WILL MY CONSEQUENCES BE THIS IS MY FIRST OFFENSE AND NEVER BEEN IN TROUBLE BEFORE.

Attorney Answers

2
Oscar Michelen ·
Every criminal case is unique — the facts, the background of the defendant, who the prosecutor is, who the judge is, who the victim is all factor into the formula of how a criminal case will end up. All a lawyer can do is give you very general answers that won’t help you — what the minimum and maximum sentences are and whether they could run concurrently or consecutively is about as far as you can get. You need to find a qualified practitioner in your area who can give a free consultation, but even that will likely not be enough time to get a hard and fast answer on the case’s prospect. That will only come after there has been time to examine the evidence that might be presented and testing the available defenses. Sorry if that seems like I am avoiding the answer, but it is really to vague a question to be able to answer in a short format like this. I can give you some general thoughts at best: (1) Listen to your lawyer - you have one now, get his advice and then get a second or third opinion if you'd like. (2) The car can be held as evidence and/or it can be held for forfeiture. Your lawyer needs to find out if its one or the other or both. A week is not long. (3) You can ask your lawyer what the evidence is that links you (and/or your car) to the crime. DId someone get a license plate? Is there property damage? Is there a 911 call with a description of the car? (4) These are very serious charges so you need to be sure you and your attorney are on the same page about whether the case should go to trial or whether you should try to work out a plea bargain. Good Luck! (3) You have to wait because the law allows a DA to hold the car until the case is resolved. Now, every county has different ways of dealing with this, so your local lawyer should know the procedure for getting your car back. But be aware that insome counties, you don't get it back unless you win the criminal case!
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Okorie OkorochaDUI / DWI AttorneyStudio City, CA ·
Please get an attorney immediately. It does seem like the case could have holes poked in it by a criminal defense attorney. My standard disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions. Do NOT rely on anything I write and contact a lawyer in your area immediately for real legal advice.
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