Leaving the Scene of a Damage Auto Accident

March 2, 2017

Client accused of hitting construction worker with her vehicle. Case was improperly charged by the police. Analysis of case showed that prosecution did not have sufficient evidence to make the factual basis of the criminal charge. Prosecution witnesses lined up in the courtroom, police and alleged victim. I engaged a strategy of silence with prosecution. The longer the prosecution thought it had a case, the better the client’s case became. Trial gets underway with all witnesses sworn in. At this point, jeopardy attaches and if charge is dismissed, it can never be refiled. Before calling its first witness, prosecutor reviews his documents and realizes he walked into the trap and that he has no case. Case dismissed with prejudice, never to be refiled. Nice win that demonstrates attention to detail resulting in a client walking away with no conviction. Leaving the Scene of a Damage Auto Accident – Dismissed with Prejudice (Prosecutor falls into the Double Jeopardy trap)