I Hit a Parked Car and Panicked. Can I Settle This Without Criminal Charges?
One minute of panic doesn’t have to ruin your record. Here is the legal loophole that can turn a criminal charge back into a civil settlement.
It is a sinking feeling. You scrape a bumper in a tight parking lot, or back into a neighbor’s fence. Your heart races, panic sets in, and in a split-second decision, you drive away without leaving a note.
Hours later, the adrenaline fades, and the reality hits: You have just committed a crime.
In Washington State, leaving the scene of an accident involving property damage is called Hit and Run Unattended. It is a criminal misdemeanor punishable by up to 90 days in jail and a $1,000 fine.
But there is good news. Unlike a DUI or reckless driving charge, Washington law views this specific crime as “negotiable” under the right circumstances.
Here is how The Law Offices of Barbara A. Bowden uses a strategy called a Compromise of Misdemeanor to help clients avoid a criminal record entirely.
What is a “Compromise of Misdemeanor”?
Washington State Statute RCW 10.22 allows for a unique resolution for certain crimes where the primary “injury” is financial or property-based.
The law essentially says: If the victim of the crime has been fully compensated for their loss and no longer wishes to press charges, the court may dismiss the case.
This is a powerful tool because it treats the incident for what it really is: an insurance matter, not a criminal one.
How the Process Works
The goal of a Compromise of Misdemeanor is to prove to the judge that the “civil” part of the case (the damages) has been settled, so the “criminal” part (the punishment) is no longer necessary.
Step 1: Full Restitution
We work with you and your insurance company to ensure the owner of the vehicle or property is paid in full for the repairs or is made whole.
Step 2: The “Satisfaction” Declaration
Once the victim has been paid, we present them with a legal document called a Declaration of Satisfaction. By signing this, the victim formally acknowledges to the court that they have been “made whole” and have received satisfaction for the damage.
Step 3: Judicial Dismissal
We present this signed declaration to the judge. Under RCW 10.22.020, if the judge is satisfied that the victim is compensated, they have the discretion to dismiss the charges against you.
The Result:
- No Criminal Conviction.
- No Jail Time.
- No License Suspension.
- Case Closed.
Can I Just Call the Victim Myself?
Do not do this.
Attempting to contact the victim yourself after being charged with a crime can be dangerous. It can be misinterpreted by prosecutors as Witness Tampering or harassment, which are serious charges.
Furthermore, victims are often angry or emotional immediately after an accident. If you approach them personally, they may refuse to cooperate.
Let us handle the conversation. As your attorneys, we act as a neutral third party. We approach the victim professionally, explain that our goal is simply to ensure their car gets fixed quickly, and facilitate the signing of the necessary documents without you ever having to speak to them.
Is My Case Eligible?
The “Compromise of Misdemeanor” is not available for every crime.
- Eligible: Hit and Run Unattended (Parking lots, fences, property damage).
- Eligible: Hit and Run Attended (Occupied vehicle).
- NOT Eligible: DUIs, Domestic Violence, or accidents involving Intentional Assault.
Turn a Crime Back Into a Claim
A moment of panic shouldn’t define your criminal record. If you have been charged with Hit and Run, you have options that don’t involve pleading guilty.
At The Law Offices of Barbara A. Bowden, we have successfully negotiated hundreds of Compromise of Misdemeanor agreements. We know exactly how to guide victims through the restitution process and present your case to the judge for dismissal.
Don’t wait for the police to knock on your door. Contact us today to start fixing this.