Misdemeanor Charge

<p>Since you confessed to the police, you need to get your lawyer to look into a diversion program option for you.</p>

<p>I am doubleposting now, but you really need to consult with a local lawyer ASAP.</p>

<p>fred --- I thought Miranda rights were only read if the person is being arrested, not simply being talked to by police</p>

<p>I don't agree with much of post #18 other than the advice to get yourself a lawyer ASAP. Forget Miranda rights & legal technicalities, that is for your attorney to evaluate. What you need is a good, experienced local (to that court) attorney who has a good working relationship with the court & the police involved.</p>

<p>fred, I'm not a lawyer and I don't play one on TV either, but from what I've read the cops only need to read someone their Miranda rights after they're placed in custody. </p>

<p>Cops show up, say someone told us they saw you hit a car yesterday, you say "yeah, sorry, I should have left a note" -- that may be a valid confession.</p>

<p>
[quote]
Q. Does Miranda apply to all incriminating statements made to police?</p>

<p>A. No. Miranda does not apply to statements a person makes before they are arrested. Similarly, Miranda does not apply to statements made "spontaneously," or to statements made after the Miranda warnings have been given.</p>

<p>Miranda</a> Rights Questions and Answers

[/quote]
</p>

<p>BTW its my guess a lot of the "regret" the OP feels is regret at getting caught and what it might mean for his chances at top colleges. By his account he leaves without leaving a note, claims he goes to a police station that is closed, then goes home. I guess where he lives nobody answers the phone when you call 911 :( And then ... By his account "So a week later, I learned a witness had taken down my car number and reported the accident." So rather than a rash judgement made in the shock of the moment, he had an entire week to mull things over, to decide to call the cops and make things right. I'd bet he figured he was in the clear and planned on just 'forgetting' about the whole thing until the knock on the door.</p>

<p>
[quote]
So rather than a rash judgement made in the shock of the moment, he had an entire week to mull things over, to decide to call the cops and make things right. I'd bet he figured he was in the clear and planned on just 'forgetting' about the whole thing until the knock on the door.

[/quote]
</p>

<p>No, see the problem I faced was, what do I tell the police? That I simply hit a car and don't know which one I hit? I told my parents, and they got angry at me - and then asked me if I had the number of the car taken down to verify the identity - I said I didn't. All I knew was the location and the time of the accident - but not the vehicle which I damaged - My parents told me to wait it out and see if anybody reported anything thats all I could theoretically do from my perspective. </p>

<p>The regret I feel is not just college apps (yes its a portion, im not gonna lie). But the fact that I meddled with something much bigger than me, which could have been very easily resolved. If I had been aware, that the solution was just leaving a note - it would have made it so much easier, but the fact that I didn't, makes me sad. I'm not a dishonest person, I don't cheat, etc. For a thing that overwhelmed in the panic of the moment to represent me as a person is something I deeply regret.</p>

<ul>
<li>So yes, I have been charged - not convicted. I live in Georgia - how do I look for diversion programs? I heard of those but don't know how to find them. I am most likely going to plead guilty, because the law is "blind" and it was my fault since I was supposed to know the correct procedure. I would love to get the charge lowered. Also, I'm not wealthy enough to hire a lawyer? What do I do to consult a local lawyer?</li>
</ul>

<p>bump. (10 char)</p>

<p>Call the local bar association, or do a google search online for attorneys in your town. Call one of the attorneys, and ask what the fees might be. If you live anywhere near a law school, the legal clinic at the law school might be able to handle your case. Your case will not require a great deal of attorney time - a meeting with the attorney to go over what happened, and then the attorney would most likely accompany you to court. A few hours at most. It would be $$ well spent.</p>

<p>So basically what your saying is you did a hit n run. Colleges arent gonna be very happy about that even if no one got hurt.</p>

<p>OP - there is free legal aid in every area. Go to LawHelp:</a> National Home Page and look up your state. Besides, if you cannot afford a lawyer, the court will appoint one for you - but you don't want to wait that long. Some lawyers will charge you AFTER your case, which gives you plenty of time to start working a part-time job after school to pay the bill.</p>

<p>
[quote]
My parents told me to wait it out and see if anybody reported anything thats all I could theoretically do from my perspective

[/quote]
And just how were they going to find you if you didn't contact the police? Still sticking to the "poor me, I did ALL I could do" tale? Look, assuming that your story of going to the closed police station is even true, the situation would be MUCH different if you had called the police via 911 and said "I hit a car in a lot this evening and I didn't know what to do. I went to the station to report it and the station was closed. If someone calls to report their car was damaged in a lot could you put them in touch with me so that my insurance company could handle it?" That's still technically hit-and-run but I'm guessing that given your age they probably wouldn't hold you to the exact letter of the law and would let it slide, albeit with a stern warning on your responsibilities in case of an accident.</p>

<p>Instead you SAY you tried to contact the police, but find me a 7-year-old that doesn't know you get the cops on the line when you dial 911. And was that police station you supposedly visited closed the entire week after your accident? You are in serious trouble, and college apps is only one part of the equation. Yet you still insist you did all you could theoretically have done; learned nothing yet, have we? Maybe when the judge sentences you some alternative courses of action will finally occur to you. And you're still looking to skate; you left the accident scene to get away from the consequences then, now you want to know about "diversion" programs to get away from consequences now. Well, diversion programs are usually reserved for what are termed victimless crimes; drinking, drug possession, etc. There was a victim here, in case you've forgotten; its the person whose car you hit and then left. </p>

<p>And in terms of college admission to top colleges, consider that toast. Who wants a hit-and-run driver? Ask yourself, like the adcoms will be asking themselves -- if they'd drive away after an accident, what will they do when they face temptation on campus? They walk by a room and see an iPod on the desk or an unlocked laptop? Will "nobody will know, so I won't face any consequences" rear its head again? What about when you're at a party and there's some seriously intoxicated girl -- what happens when she asks you to walk her home, or you "volunteer"? Its too risky to take a chance. And for gods sake don't try to tell the judge or some college interviewer (or write in your exculpatory essay) you did "all I could theoretically do from my perspective" which will just cement in stone your lack of judgment and lack of learning anything at all from the whole affair.</p>

<p>BTW I was talking about this with someone who is familiar with police work, and according to him you may have already used up your allotment of leniency. He says its very unusual for witness to call in a week after observing a car accident. If they don't call in that day or the next, forget it. He thinks the witness called it in and the cops sat on the report for a week to give you time to report it. After all, it only takes them something like 10 seconds to look up your address from your plate; they could have done that anytime they wanted. A week goes by and they here nothing from you, that's when they send out the squad car to close the case. Sorry...</p>

<p>ok, this is completely out of curiosity. what would happen if he didn't report it? would colleges ever find out? i mean, it's not like he killed someone or anything.</p>

<p>Blue - it would probably show up in public records, in which case, they'd simply have to Google the OP's name to see all the details.</p>

<p>Colleges typically don't do criminal history checks (they'd have to give you a release form to sign that would include your SSN, driver's license number, name and date of birth) but most do ask the High School from which the student is graduating to disclose any of that kind of information.</p>

<p>Plus, if the OP didn't report it on his college apps, and it was later discovered (and it almost certainly would be), he would probably be expelled and forfeit all financial aid, etc.</p>

<p>I think mentioning it at all would hurt you. Even if you haven't been convicted, it would raise questions about you. And Ivy adcoms have a lot of choices. If they have any reservations about you, they can just trash your file and move on to the next applicant.</p>