what evidence is needed to convict in a hit and run case?

[cowboyinnm]

I have been charged with causing great bodily harm by a vehicle and leaving the scene of an accident knowingly. It seems like a shady situation to me. the quick synopsis is there was an accident that may have involved my bosses truck. a 20 year old man was hit by a pickup only evidence at the scene was a driver side mirror our truck is missing a mirror obviousely on the driver side. we hadnt been able to find out what had happened to the pickup, a month later we hear of this evidence and call the state police to inspect our pickup. we bring it voluntarily, speak to the the officer voluntarily, they issued the arrest warrant for me 2 weeks later. i did drive the night of the accident but never hit anything, we noticed the mirror the next day, and our truck had been moved(the keys are always left in it) i then spent almost 3 weeks in county jail because i couldnt afford bond or an attorney. please help any info would be appreciated

 

[CdwJava]

What needs to be shown is the elements of the crime - which might vary a little by state. In general, the state will have to show that (a) a collision occurred, (b) the driver of one of the vehicles was aware of the collision, and, (c) the driver left the scene to avoid responsibility (or identification).

Whether they can show that YOU hit the pedestrian or not is impossible to say without reading the report and knowing what the prosecution knows. They may have almost nothing, they may have a lot. Who knows? Obviously they knew enough to identify YOUR truck, so someone either saw a work logo or a partial plate. If you are going to allege a mystery suspect moved or stole the vehicle that same night (and parked it in nearly the same spot), that's more likely to result in chuckles from the jury box rather than sympathy.

Consult with legal counsel ASAP. I am not sure what kind of offense this in your state, but a hit and run with injury is a felony in my state.

- Carl

 

[cowboyinnm]

the vehicle they were looking for in the report is described as light yellow or tan(our truck is white), no driver was identified, or seen, the police dont know about the vehicle being moved, the state trooper shut off his tape recorder before i could finish my statement and was trying to bully me into confessing, nobody was present besides the two of us in the office(i was giving the statement at our ranch HQ during the lunch hour) and he ended the interview when after a few tries i did not confess. he has never physically matched the mirror to the truck. the truck is still in my bosses possesion, and the police have given him permission to have it repaired.

 

[CdwJava]

Then it sounds like they do not have a strong case. But, it might be of some benefit for you to consult with an attorney before any future interviews.

- Carl

 

[raskalnikov]

The more the police try to blame you for something that you didn't do, the easier the job for the defense attorney of the guilty party, as he can point to you as an alternative and say "the police were convicnced he did this due to . . . ". Next time mention that to the police.

 

[cowboyinnm]

so the harder they try to make it rough for me and try to get me to confess the easier its going to be for a defense attorney to turn this around and get it dropped or me be found not guilty

 

[raskalnikov]

Yes. Sometimes people are too short-sighted in their desire for instant justice and instant gratification.

As far as your case goes, sounds like you have nothing to worry about.