Looking for advice-please!
My 20 year old daughter left a college function in early December and in heavy snow slid out and collided with two parked cars (her first accident or ticket) in the wee hours of the (Friday)morning (around 1:45 AM) that were parked in a dorm complex parking lot. She had no clue as to the owners whereabouts and no pen or paper to leave a note. It was also dark- she was unable to see the extent of damage (her car was driveable) -she left the scene with the intent of returng the next morning with the intent of trying to find the owners or reporting the accident to campus security. When she got up the next morning she realized that she had possibly broken the law and was also very afraid of reporting to me-so she choked. At about 4PM that afternoon (Friday) she reported the accident to me (the vehicle owner) and sought my advice as to reporting the accident. I advised her that she possibly had broken the law and, that being the case, might as well wait untill I could get there (in case she was arrested and needed to make bail) and that was Sunday AM. Sunday A.M. she and I went to campus security and reported the accident. I asked the security officers what was likely to happen. They advised, after looking it up, that both parties had already filed a county sheriff's report, that NORMALLY, since the responsible party did come forth, that the authoritues would leave disciplinary measures up to the University.She then contacted the Sheriff's dept and was subsequently advised that my daughter WOULD be cited for "hit and run-unattended vehicle" because of the length of time between incident and report. This is a class "B" ( out of A-C) misdemeanor in Indiana.
Aware that many deferred prosecution and diversion programs exist, I asked an attorney friend of mine (not a criminal defense specialist) to communicate with the prosecutors office and see if such a program might be available. He wrote a letter to the Prosecutor's office and received no response-finally he called the prosecutor's office and spoke to a deputy. The deputy pulled the case and agreed to flag it for the Pre-Trial Diversion Program. He inquired as to whether my daughter had any prior "convictions"--which she does not. She does, however, have a previous arrest for "minor consuming alchohol" in a different county and jurisdiction that she completed a Pre Trial Diversion (PTD) program on.
I am concerned, owing to the fact that the prosecutor's website refers to the PTD only being avalilble to those charged with a "criminal offense for the very first time" , that either my friend or the Deputy misunderstood her priors.
Our curent plan is that if she is allowed in the PTD program---fine! But if not-plead not guilty and retain a Criminal Defense Attorney. Any thought s on this?--what's the likely penalty? Any advantages to pleading guilty?
My 20 year old daughter left a college function in early December and in heavy snow slid out and collided with two parked cars (her first accident or ticket) in the wee hours of the (Friday)morning (around 1:45 AM) that were parked in a dorm complex parking lot. She had no clue as to the owners whereabouts and no pen or paper to leave a note. It was also dark- she was unable to see the extent of damage (her car was driveable) -she left the scene with the intent of returng the next morning with the intent of trying to find the owners or reporting the accident to campus security. When she got up the next morning she realized that she had possibly broken the law and was also very afraid of reporting to me-so she choked. At about 4PM that afternoon (Friday) she reported the accident to me (the vehicle owner) and sought my advice as to reporting the accident. I advised her that she possibly had broken the law and, that being the case, might as well wait untill I could get there (in case she was arrested and needed to make bail) and that was Sunday AM. Sunday A.M. she and I went to campus security and reported the accident. I asked the security officers what was likely to happen. They advised, after looking it up, that both parties had already filed a county sheriff's report, that NORMALLY, since the responsible party did come forth, that the authoritues would leave disciplinary measures up to the University.She then contacted the Sheriff's dept and was subsequently advised that my daughter WOULD be cited for "hit and run-unattended vehicle" because of the length of time between incident and report. This is a class "B" ( out of A-C) misdemeanor in Indiana.
Aware that many deferred prosecution and diversion programs exist, I asked an attorney friend of mine (not a criminal defense specialist) to communicate with the prosecutors office and see if such a program might be available. He wrote a letter to the Prosecutor's office and received no response-finally he called the prosecutor's office and spoke to a deputy. The deputy pulled the case and agreed to flag it for the Pre-Trial Diversion Program. He inquired as to whether my daughter had any prior "convictions"--which she does not. She does, however, have a previous arrest for "minor consuming alchohol" in a different county and jurisdiction that she completed a Pre Trial Diversion (PTD) program on.
I am concerned, owing to the fact that the prosecutor's website refers to the PTD only being avalilble to those charged with a "criminal offense for the very first time" , that either my friend or the Deputy misunderstood her priors.
Our curent plan is that if she is allowed in the PTD program---fine! But if not-plead not guilty and retain a Criminal Defense Attorney. Any thought s on this?--what's the likely penalty? Any advantages to pleading guilty?
