When someone is involved in a hit-and-run accident, the consequences can be severe. If your friend has been accused of a hit-and-run, you might wonder whether they will spend time in jail. The answer depends on several factors, including the severity of the accident, state laws, and whether it was a first-time offense.Â
Your friend can get out of jail with a 24/7 bail bonding service, however, they will have to follow bail terms. Below are five critical factors that determine whether your friend might face jail time in a hit-and-run case.
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1. The Severity of the Incident
The seriousness of the hit-and-run incident plays a significant role in determining whether your friend will face jail time. If the accident resulted in property damage alone, the penalties might be less severe.Â
However, if the accident leads to injury or death, the legal consequences become more serious. The more severe the outcome of the accident, the more likely it is that jail time will be part of the penalty.
2. State Laws and Regulations
Each state in the U.S. has different laws regarding hit-and-run accidents. Some states treat all hit-and-run cases as felonies, while others differentiate between misdemeanors and felonies based on the accident’s circumstances.Â
However, if there are injuries or fatalities, it is treated as a felony, with a much harsher punishment that includes longer jail sentences. It is essential to understand the laws in your friend’s state to assess the potential consequences accurately.
3. First-Time Offense vs. Repeat Offender
Another critical factor is whether your friend has a history of traffic violations or criminal behavior. If this is their first offense, the court may be more lenient, especially if the incident only involved property damage. Judges often consider a person’s criminal record when determining sentencing.Â
First-time offenders might receive lighter penalties, such as probation or community service, rather than jail time. However, if your friend has previous convictions, especially for similar offenses, they are more likely to face jail time.
4. Presence of Aggravating Factors
Certain aggravating factors can increase the likelihood of jail time in a hit-and-run case. These include driving under the influence of alcohol or drugs, speeding, or reckless driving at the time of the accident.Â
If the hit-and-run was committed in an attempt to avoid responsibility for another crime, such as drunk driving, the court is more likely to impose a harsher sentence. Additionally, if your friend fled the scene and later turned themselves in, it might work in their favor, but fleeing under extreme circumstances could worsen their situation.
5. Legal Representation
The quality of legal representation your friend receives can significantly impact the outcome of their case. A skilled attorney from a credible criminal law firm can negotiate plea deals, argue for reduced sentences, and present evidence that might mitigate the severity of the charges.Â
If your friend hires a competent lawyer, they might avoid jail time, especially if the lawyer can demonstrate extenuating circumstances or secure a plea bargain. However, without proper legal representation, the chances of facing a harsher sentence, including jail time, increase.