Did you have a Valid Reason to leave the Scene? This is a good question because this happens all the time in hit-and-run cases throughout Los Angeles, and that is, people get in some accident, they will leave for some reason or another — maybe they don't have insurance; perhaps they don't have a valid license, or they don't even realize that they were involved in an accident because of the circumstances — and then they end up going back to the scene.

Technically, when you get in an accident, you have to stop and exchange information with the other side.  In other words, you need to provide them with your insurance information, name, and phone number, and then you're good to go.  You don't necessarily have to wait for the police to get to every accident scene.  That's not very realistic—California Vehicle Code 20002 covers misdemeanor hit-and-run charges, while Vehicle Code 20001 covers felony hit-and-run charges.

But if you leave the scene of an accident, that technically is a hit-and-run.  So, even if you come back, you technically have been involved in a crash-and-run accident, and you could be charged with a crime.  However, if you have a reason for leaving the scene, or if not much time has passed, you may be okay.  The police and prosecutor may not be equipped to handle a case like that.

I've had many cases where people get involved in an accident with somebody, and the other party comes out angry, screaming, yelling, and threatening, which causes them to leave the scene. The only problem with that is if you leave the stage and never go back and don't make any phone calls, that's a hit-and-run.

You can't do that because then it would be your word against theirs as to whether or not they did anything wrong, or if you just fled the scene because you didn't want to get in trouble for hitting somebody else's car.

You would be covered if you left the scene because you were under attack, and you called 9-1-1 and reported the accident and said, I just got in an accident.  You say where the location is.  You give your information.

You say the other party is dangerous, and I'm afraid that I'm going to be physically assaulted.  You'd be good then because now they can track you.  I do not see the prosecutors filing that case against you.

However, I have had instances where people have returned to the scene of the accident minutes or even hours later. Depending on how bad the accident was, sometimes there are still people at that accident scene, and I've had my clients get arrested and charged with a hit and run for doing that.

Specific Circumstances Why You Left the Scene Matter

So, it depends on the circumstances as to why you left in the first place, and when you return, is there anyone who can explain why you left in the first place?  The whole purpose of the hit-and-run law is that if you damage somebody else's property, they can get your information and be compensated for that, either through the criminal system, if it's a hit-and-run, or civilly.

They could get their insurance company involved and your insurance company involved, or they could sue you if you improperly damage their property.  So, if you come back to the scene and they're able to get all that information, then it could be a situation of no harm/no foul, and the prosecutors don't charge you with a criminal hit and run. However, technically, leaving the crime scene is sometimes a matter of not filing every single case that is a crime in the San Fernando Valley courthouses.

Experienced Hit and Run Defense Lawyer

So, if you're facing a hit-and-run matter and need guidance, whether it's at the stage where the authorities haven't contacted you or when they've sent you a letter requesting your appearance in court, don't hesitate to seek legal advice. Whether you've been charged with a hit-and-run, or you've been arrested or cited into court for an accident and run, remember, legal advice is crucial. Pick up the phone, make the call.

With twenty-five years of experience and having handled hundreds of hit-and-run cases in the San Fernando Valley, I'm the person you can rely on to guide you through this complex process. Remember, seeking legal advice is crucial in these situations, and I'm here to help you navigate the legal system.