Car getting pulled over by law enforcement in Fairfax after hit and run.

Protecting Yourself After a Hit and Run Charge

Getting charged with hit and run in Virginia can feel overwhelming. You’re probably scared about jail time, losing your license, and what this means for your future. The good news is that many hit and run charges can be defended, reduced, or even dismissed with the right legal strategy.

At Monument Legal, we’ve helped countless Northern Virginia clients protect their rights and fight these charges. You don’t have to face this alone. Call us now for a free, confidential consultation and let’s start building your defense.

Monument Legal Hit and Run Case Results

Charge Dropped

Felony Hit and Run

Our client was charged with felony hit and run for allegedly leaving the scene of an accident. Although our client departed before the investigation concluded due to a medical issue, he had already provided his identifying information to law enforcement. We demonstrated to the prosecutor that our client fully complied with the statutory requirements and was not legally obligated to remain on scene. Based on this analysis, the prosecutor dropped the charge.

Charges Declined in 99% of Hit and Run Investigations

Misdemeanor Hit and Run Investigations (Pre-Charge)

Monument Legal boasts an exceptional track record in pre-charge misdemeanor hit and run investigations. For hundreds of clients who receive police calls or investigation letters, our proactive and strategic defense consistently leads to a nearly 99% success rate, with the government declining to prosecute our clients altogether.

Dismissal after Diversion

Misdemeanor Hit and Run

Our client was charged with leaving after colliding with another vehicle on the Key Bridge. The government agreed to dismiss the charges after client completed community service.

Experienced Criminal Defense When You Need It Most

Monument Legal brings years of criminal defense experience to every hit and run case in Northern Virginia. Our attorneys understand the Fairfax County Courts, Arlington Courts, and Alexandria Courts inside and out. We’ve successfully achieved dismissals and reduced charges for clients facing hit and run allegations. As active members of the National Association of Criminal Defense Attorneys (NACDL) and the Virginia State Bar, we stay current on every defense strategy and legal development that could help your case. We are familiar with the local prosecutors, the judges, and exactly how to protect your rights from the moment you’re charged.

Understanding Hit and Run Charges in Virginia

Hit and run charges in Virginia occur when a driver leaves the scene of an accident without stopping to exchange information or render aid. Under Virginia law, specifically Virginia Code § 46.2-894, any driver involved in a collision resulting in damage to a person or attended property must stop immediately at the scene. If the property is not attended to, the driver still has a duty to stop under Virgina Code § 46.2-896. Virginia Code § 46.2-894 -addresses accidents involving injury or death, requiring drivers to stop and provide reasonable assistance. In some cases, under Virginia Code § 46.2-895, a passenger may face serious charges for failing to report a hit and run accident within 24 hours of the accident. A passenger’s failure to report can lead to not only a misdemeanor conviction but in some cases, a felony conviction. One limiting factor in this is that to face criminal charges the passenger must have been 16 years of age or older.

The consequences depend on the circumstances of your case. If the accident involved only property damage, you’re typically facing a Class 1 misdemeanor with up to 12 months in jail and fines up to $2,500. Your license can be suspended for up to six months. When the hit and run involves injury or death, the charges escalate to a Class 5 felony, carrying one to ten years in prison (or up to 12 months in jail and a $2,500 fine at the judge’s discretion), plus a mandatory one-year license revocation.

The court process typically begins with an arraignment within a few weeks of your charge. You’ll appear before a judge who explains the charges and asks how you plead. Most misdemeanor hit and run cases in Northern Virginia resolve within two to four months, though felony cases take longer. Before any trial, there’s usually a pretrial conference where your attorney can negotiate with prosecutors for reduced charges or alternative sentencing.

Types of Hit and Run Cases We Handle

Property damage cases involve collisions with parked cars, mailboxes, fences, or other stationary objects where you left without leaving contact information. These are the most common hit and run charges we defend in Fairfax, Arlington, and Alexandria. Even if the damage seems minor, Virginia law requires you to stop and attempt to locate the property owner or leave a written notice. We frequently see these charges reduced to improper driving or dismissed entirely when we can show mitigating circumstances like confusion, panic, or lack of awareness that contact occurred.

When someone is injured in the accident, the stakes increase dramatically. Virginia Code § 46.2-894 requires you to stop immediately, provide identification, and render reasonable assistance including calling for medical help. Prosecutors take these cases seriously, but we’ve successfully defended clients by demonstrating they were unaware anyone was injured or by challenging the causation between the accident and the alleged injuries.

Hit and run involving a death is among the most serious traffic-related charges in Virginia. Beyond the criminal penalties, you may face civil liability and devastating personal consequences. These cases demand immediate legal intervention. We work with accident reconstruction experts, review all physical evidence, and examine every aspect of the investigation to build the strongest possible defense. If you’re facing these charges, time is critical for preserving evidence and protecting your rights.

Striking an unattended vehicle and leaving the scene is surprisingly common, especially in crowded parking lots in Tysons Corner or McLean. Many people don’t realize they made contact, or they panic and drive away intending to come back later. Virginia law requires you to make reasonable effort to find the owner or leave a note with your contact information. We often resolve these cases favorably by demonstrating your good faith efforts after the incident or your genuine lack of awareness.

Hit and run charges involving pedestrians or cyclists carry enhanced scrutiny from prosecutors and often result in felony charges even when injuries are minor. These cases frequently involve questions about visibility, right-of-way, and whether you actually knew contact occurred. We investigate lighting conditions, witness reliability, and vehicle damage patterns to build your defense. If you were accused of hitting a pedestrian or cyclist in Northern Virginia, contact us immediately before speaking to investigators.

What should I do if I'm arrested for hit and run in Virginia?

Do not speak to police without an attorney present.

Politely provide your identification but invoke your right to remain silent. Contact Monument Legal immediately for emergency representation. Anything you say can be used against you, even explanations that seem innocent. The first 48 hours after arrest are critical for your defense, so call us now at our 24/7 line for a confidential consultation.

How We Defend Hit and Run Cases

Our defense strategy is customized to your specific circumstances, but here’s our general approach:

As soon as possible after your arrest or charge, we meet with you to understand exactly what happened and ensure police followed proper procedures. We immediately invoke your rights and stop any questioning that could harm your case. We review the arrest report, examine charging documents, and identify any constitutional violations that occurred during the investigation or arrest.

We move quickly to preserve video footage from traffic cameras, business security systems, and dashboard cameras before it’s deleted or recorded over. We photograph the accident scene, your vehicle, and any alleged property damage. We interview witnesses independently and often find testimony that contradicts the prosecutor’s version of events. Early investigation matters because evidence disappears quickly in these cases.

We analyze every element the prosecution must prove beyond reasonable doubt. Did you actually know an accident occurred? Was the damage significant enough to require stopping? Did you make reasonable efforts to locate the property owner? We review Virginia statutes, case law, and local court precedents to identify the strongest defenses for your situation.

Armed with our investigation results and legal analysis, we negotiate directly with prosecutors. Our knowledge of the Commonwealth’s Attorney offices in Fairfax, Arlington, and Alexandria give us credibility when presenting mitigating factors. We’ve successfully negotiated countless cases down from felony hit and run to misdemeanor improper driving, and from misdemeanor charges to traffic infractions or complete dismissals.

If your case goes to trial, we’re ready. We prepare witness testimony, cross-examination strategies, and compelling opening and closing arguments. Our trial experience in Northern Virginia courts means we have experience with what judges and juries typically respond to. We challenge the prosecution’s evidence, expose weaknesses in their case, and present your side of the story persuasively.

Why Choose Monument Legal for Your Hit and Run Defense?

Deep Northern Virginia Court Experience

We practice exclusively in Northern Virginia courts. We are familiary with the judges, prosecutors, and courtroom procedures in Fairfax County, Arlington, and Alexandria. This local knowledge translates to better outcomes. We understand which prosecutors are open to reasonable negotiations and which judges impose harsher sentences. We know the local booking procedures, bail practices, and pretrial services requirements.

Track Record of Dismissed and Reduced Charges

We’ve achieved numerous dismissals, case reductions, and favorable plea agreements for hit and run clients throughout Northern Virginia. While past results don’t guarantee future outcomes, our experience and aggressive defense approach consistently produce positive results. We fight for every available option to minimize the impact on your life.

Available When You Need

Criminal charges don’t happen on a convenient schedule. We offer 24/7 availability for urgent matters and respond quickly to new arrests. When you’re arrested on a Friday night, you need a lawyer who answers the phone, not an answering service that takes a message.

Focused on Your Complete Defense

We don’t just handle your criminal case. We also address license suspension issues, potential DUI charges if alcohol was involved, and we plan ahead for possible expungement once your case resolves. We’re thinking about your long-term future, not just the immediate charge.

Penalties for Hit and Run in Virginia

Understanding the potential consequences helps you make informed decisions about your defense. Virginia divides hit and run charges into categories based on the accident’s severity.

For property damage only (Virginia Code § 46.2-894), you face a Class 1 misdemeanor carrying up to 12 months in jail and a fine of up to $2,500. The court can suspend your driver’s license for up to six months. First-time offenders rarely receive maximum sentences, but any criminal conviction creates a permanent record that affects employment, housing, and professional licenses.

When the accident involves serious injury or death (Virginia Code § 46.2-894), charges escalate to a Class 5 felony. Conviction means one to ten years in prison, though the judge may reduce this to up to 12 months in jail and a fine up to $2,500. Your driver’s license will be revoked for at least one year. The court considers factors like the injury severity, your criminal history, and whether you eventually returned to the scene.

Hit and run involving death carries the same Class 5 felony penalties but judges and juries impose harsher sentences. You’re looking at significant prison time, long-term license revocation, and substantial civil liability. These cases sometimes involve additional charges like reckless driving or vehicular manslaughter.

Beyond the criminal penalties, hit and run convictions create collateral consequences that impact your life for years. You’ll have difficulty finding employment, especially jobs requiring driving. Your car insurance rates will skyrocket or companies may refuse coverage entirely. Professional licenses for nurses, teachers, commercial drivers, and others may be suspended or revoked. Security clearances necessary for Northern Virginia’s many federal contractor jobs become nearly impossible to obtain or maintain.

Many clients don’t realize that even a first-time misdemeanor hit and run conviction stays on your criminal record permanently in Virginia unless you successfully petition for expungement, which is only available in limited circumstances. This permanent record appears on every background check for jobs, apartments, and educational opportunities.

Virginia Hit and Run Laws and Defenses

Virginia’s hit and run statutes require specific elements that prosecutors must prove beyond reasonable doubt. Understanding these elements reveals potential defenses.

One of the strongest defenses is that you genuinely didn’t know an accident occurred. Perhaps you bumped a car very lightly in a crowded parking lot in Tysons and didn’t feel the impact. Maybe you drove over debris you thought was a pothole but was actually someone’s property. If you honestly didn’t know contact happened, you can’t be guilty of intentionally leaving the scene. We gather evidence about road conditions, vehicle size differences, noise levels, and other factors that support this defense.

Virginia law only requires you to stop when you’re involved in an accident resulting in property damage or injury. If prosecutors can’t prove an actual accident occurred, or if the alleged damage was pre-existing, you had no legal duty to stop. We frequently examine vehicle damage patterns and use expert testimony to show the damage couldn’t have occurred during the alleged incident.

For unattended vehicle accidents, the law requires “reasonable effort” to find the property owner. If you left a note that blew away, or you returned shortly after to leave information but police had already arrived, these facts demonstrate good faith compliance. We present evidence of your attempts to fulfill your legal obligations.

Sometimes drivers leave accident scenes because of legitimate emergencies like rushing someone to the hospital or fleeing from a dangerous situation. While not a complete defense, emergency circumstances can result in charge reduction or dismissal when we present compelling evidence of the crisis you faced.

We scrutinize every aspect of the investigation and arrest. Did police have probable cause to stop you? Did they read your Miranda rights before questioning? Was evidence obtained through an illegal search? Did investigators coerce your statements? Constitutional violations can result in suppression of evidence or complete dismissal of charges.

Virginia courts have established that the prosecution bears the burden of proving you were the driver and that you knowingly left the scene. We challenge the identification evidence, especially in cases relying on witness testimony, partial license plate information, or surveillance video. We also examine whether police properly investigated alternative explanations for the evidence.

Your Rights During Hit and Run Investigation and Arrest

From the moment police begin investigating, you have constitutional protections. Understanding and exercising these rights is crucial to your defense.

You have an absolute right under the Fifth Amendment to refuse answering questions. This applies during traffic stops, at accident scenes, during police station interviews, and at any other time. Many people assume that explaining their side will help, but statements made without an attorney present almost always harm your case. Police are trained to use your words against you. Politely decline to discuss the accident and request an attorney immediately.

Unless police have a warrant or probable cause, they cannot search your vehicle without your consent. Never consent to a search. If police search anyway, we can challenge the legality later and potentially suppress any evidence they found. This is especially important if alcohol or drugs might be discovered.

The Sixth Amendment guarantees your right to legal representation. Invoke this right immediately and clearly: “I want to speak with my attorney.” Once you make this request, police must stop questioning you. Don’t let officers convince you that requesting a lawyer makes you look guilty or that you should just explain what happened first. Your defense begins the moment you invoke your rights.

Police need reasonable suspicion to stop you and probable cause to arrest you. If they pulled you over without legal justification, or if they arrested you without sufficient evidence connecting you to the hit and run, we can challenge the stop and arrest. Successful challenges can result in dismissal of all charges.

You have the right to a fair investigation, proper charging procedures, timely arraignment, reasonable bail, a speedy trial, and the presumption of innocence. The prosecution must prove every element of the charge beyond reasonable doubt. We hold the Commonwealth to this burden and ensure your due process rights are protected throughout your case.

If police violated any of these rights during your investigation or arrest, contact Monument Legal immediately. Early intervention gives us the best opportunity to suppress illegally obtained evidence and protect your case. Many hit and run defenses succeed because we identified constitutional violations that other attorneys missed.

Key Takeaways: Protecting Yourself After a Hit and Run Charge

The decisions you make in the hours and days after being charged with hit and run dramatically impact your case outcome.

  1. Exercise your constitutional rights by remaining silent and requesting an attorney before answering any police questions.
  2. Contact Monument Legal immediately for a free, confidential consultation so we can begin building your defense while evidence is still fresh.
  3. Preserve any evidence you have like photos of your vehicle, GPS data, or witness contact information.
  4. Do not discuss your case on social media or with anyone except your attorney.
  5. Continue your normal routine and employment while we handle your defense.
  6. Many hit and run charges can be defended, reduced, or dismissed when you have experienced legal representation fighting for you from day one.

Frequently Asked Questions

No, never speak to police without your attorney present. You have a Fifth Amendment right to remain silent, and you should use it. Even innocent explanations can be twisted to support the prosecution’s theory. Police may tell you that talking will help or that requesting a lawyer makes you look guilty, but these are interrogation tactics. Politely provide your identification, clearly state “I want to speak with my attorney,” and then remain silent. Call Monument Legal immediately so we can protect your rights during any questioning.

It depends on the circumstances of your case and your criminal history. For a first-time property damage hit and run, many clients avoid jail entirely through plea negotiations or alternative sentencing like probation and community service. Cases involving injury or death carry a higher risk of incarceration, though even then, mitigating factors and strong defense can minimize jail time. Each case is unique, so call us for an honest assessment of what you’re facing and how we can fight for the best possible outcome.

Misdemeanor hit and run cases typically resolve within two to four months from your initial arraignment. Felony cases involving injury or death take longer, often six months to over a year depending on investigation complexity and whether the case goes to trial. The timeline also depends on the specific court’s docket. Fairfax County Courts generally move faster than Arlington Courts due to volume differences. We work to resolve your case as quickly as possible while ensuring we have time to build the strongest defense.

Yes, many of our clients achieve dismissals or reduced charges. Common reductions include lowering felony hit and run to misdemeanor, reducing misdemeanor hit and run to improper driving, or negotiating traffic infractions instead of criminal charges. Dismissals occur when we identify constitutional violations, insufficient evidence, or witness credibility problems that undermine the prosecution’s case. Your chances improve significantly with early legal intervention, so contact us immediately after being charged.

Your first appearance, called an arraignment, typically occurs within a few weeks of being charged. The judge explains the charges against you, asks if you understand them, and inquires how you plead. This is not the time to explain your side of the story or argue your case. With Monument Legal representing you, we handle the arraignment, enter an appropriate plea, and schedule the next court date. We’ll prepare you thoroughly so you know exactly what to expect.

If convicted of hit and run, yes, you will have a permanent criminal record in Virginia. This conviction appears on background checks for employment, housing, professional licenses, and more. That’s why fighting the charges is so important. If we achieve a dismissal or negotiate a reduction to a traffic infraction rather than a criminal charge, you can avoid a criminal record.

Absolutely not. Pleading guilty means you’ll have a permanent criminal record, face potential jail time, lose your license, and deal with collateral consequences for years. Before pleading guilty, you should understand all your defense options, possible charge reductions, and alternative sentencing possibilities. Many cases that initially seem hopeless have strong defenses when examined by experienced criminal defense attorneys. Schedule a free consultation with Monument Legal before making any decisions about pleading guilty.

Yes. Hit and run charges carry serious criminal penalties, license suspension, and create permanent records affecting your employment and future opportunities. Prosecutors have significant resources and experience. Representing yourself means navigating complex criminal procedures, rules of evidence, and legal standards without training. We’ve seen countless clients initially think they could handle their case alone, only to realize too late they needed professional defense. Monument Legal offers free consultations, so there’s no reason to risk your future by going it alone. Call us now.

Contact Monument Legal immediately before returning to the scene or contacting police. We can arrange for you to turn yourself in with an attorney present, which is far better than being arrested unexpectedly. We’ll guide you through the process, protect your rights during questioning, and begin building your defense immediately. Your willingness to come forward can be a powerful mitigating factor in negotiations, but only if handled correctly with legal representation.

Legal fees vary based on your case’s complexity, whether it’s a misdemeanor or felony, and whether the case goes to trial. Monument Legal offers competitive rates and payment plans to make quality criminal defense accessible. More importantly, the cost of not having proper representation, such as jail time, permanent criminal record, lost employment, license suspension, far exceeds the investment in your defense. We provide transparent pricing during your free consultation, so you’ll know exactly what to expect with no surprises.

Attorney reviewing hit and run accident evidence and police reports for Northern Virginia client

Get a Free Case Evaluation from a Northern Virginia Hit and Run Attorney

Don’t let a hit and run charge destroy your future. Monument Legal has the experience, local court knowledge, and aggressive defense strategies needed to fight your charges and protect your rights. We’ve helped countless Northern Virginia clients achieve dismissals, reduced charges, and favorable outcomes in Fairfax, Arlington, Alexandria, and throughout the DMV area.

Your consultation is completely free and confidential. We’ll review your case, explain your options, and give you an honest assessment of what you’re facing. Time matters in criminal defense. Evidence disappears, witnesses become unavailable, and opportunities for early intervention pass quickly.

Don’t face this alone. Let Monument Legal stand between you and the prosecution. Your rights, your freedom, and your future are worth fighting for.

Legal Resources and Sources

Virginia provides several official resources for understanding hit and run laws and court procedures. The Virginia General Assembly maintains Virginia Code § 46.2-894, which covers the duty to stop in event of an accident, and Virginia Code § 46.2-896, which addresses the duty of a driver to stop, report, and provide information in accidents involving injury or death. Those seeking legal representation can use the Virginia State Bar’s Find a Lawyer directory to locate licensed Virginia attorneys. Additional resources include the National Association of Criminal Defense Lawyers for information about criminal defense rights and procedures. For county-specific court information, the Fairfax County General District Court website provides local procedures and case information. Information about sentencing guidelines is available through the Virginia Criminal Sentencing Commission.