How to Safely Turn Yourself In After Fleeing the Scene of an Accident in Massachusetts
Fleeing an accident scene in Massachusetts is a serious offense, but voluntarily surrendering with a lawyer can prevent an unexpected arrest and improve your case. Never contact the police directly without an attorney by your side.
Panic is a powerful emotion. Whether driven by a lack of car insurance, fear of a suspended license, an active warrant, or simply overwhelming anxiety, people sometimes make the poor decision to drive away after a collision. Once the adrenaline wears off, the reality of the situation sets in. You might be checking the news, wondering if surveillance cameras caught your license plate, and waiting for the police to knock on your door.
Taking control of the narrative by voluntarily turning yourself in is almost always better than being hunted down and arrested at your home or workplace. However, navigating a surrender in Massachusetts must be done tactically to protect your constitutional rights. This guide provides step-by-step instructions on how to safely resolve a hit-and-run situation.
Property Damage vs. Personal Injury
Before proceeding, it is vital to understand what kind of hit-and-run you are dealing with, as Massachusetts law treats them very differently. Mass. Gen. Laws ch. 90, § 24(2)(a) covers leaving the scene after causing damage to property. This is generally a misdemeanor, though it still carries severe consequences, including license suspension.
Conversely, Mass. Gen. Laws ch. 90, § 24(2)(a1/2) governs leaving the scene of an accident involving personal injury or death. This is a highly serious felony offense carrying mandatory minimum jail sentences in some cases. Precedents like Commonwealth v. Robbins, 414 Mass. 444 (MA Supreme Judicial Court 1993) illustrate the strict scrutiny courts apply when physical injuries are involved. The severity of the accident dictates how delicately the surrender must be handled.
Step-by-Step Process for Safely Turning Yourself In
If you are ready to make things right, you must follow a structured process. A misstep here could result in providing the police with a full confession that destroys your legal defenses.
Step 1: Exercise Your Right to Silence
Do not call the local police station to "explain your side of the story." Do not post about the accident on social media, and do not text your friends about it. Any statement you make can and will be used against you. Your absolute priority is to invoke your Fifth Amendment right to remain silent.
Step 2: Hire a Criminal Defense Attorney
This is not a situation to handle alone. You need to hire a defense lawyer immediately. You can use our US Lawyers Directory to find an experienced attorney in Massachusetts who knows the local prosecutors and judges. Your lawyer will act as an impenetrable shield between you and law enforcement.
Step 3: Your Attorney Contacts Authorities
Instead of you walking into a police station, your lawyer will make the phone call. If the accident happened on a highway, your lawyer might contact the Massachusetts State Police, Framingham or the local barracks. If it happened in a city, they will call the local detectives, such as the Springfield Police Department, Springfield. Your lawyer will inform them that you are represented by counsel, that you invoke your right to remain silent, and that you intend to cooperate with the booking process.
Step 4: Arranging the Surrender
Your lawyer will negotiate the terms of your surrender. Often, they can arrange for you to walk into the police station during daytime hours, bypassing the risk of a dramatic nighttime arrest at your home. Your attorney will accompany you to ensure police do not attempt to interrogate you during the booking process.
Step 5: Arraignment and Bail
After booking, you will be brought to court for arraignment. Because you turned yourself in voluntarily, your lawyer has a incredibly strong argument for personal recognizance (release without cash bail) or a very low bail amount. The judge will see that you are taking responsibility and are not a flight risk.
Step 6: Filing Accident Reports
To comply with administrative laws, your lawyer will assist you in filling out Form CRA-23, Massachusetts, Registry of Motor Vehicles, Motor Vehicle Crash Operator Report. This document must be sent to the Registry of Motor Vehicles, Boston and the local police department. Your lawyer will ensure the form is filled out accurately without adding unnecessary self-incriminating details.
How Much Does it Cost in Massachusetts?
Turning yourself in involves immediate financial planning, especially for bail and legal defense. While voluntarily surrendering often lowers bail, you still need to be prepared.
| Expense Type | Estimated Cost (USD) |
|---|---|
| Cash Bail (Property Damage) | $0 (Personal Recognizance) to $500 |
| Cash Bail (Personal Injury) | $500 to $10,000+ |
| Defense Attorney Retainer | $2,500 - $10,000+ (Depends on severity) |
| Vehicle Impound/Towing Fees | $150 - $400 |
How Long Does the Process Take?
The act of turning yourself in can usually be orchestrated by an attorney within 24 to 48 hours of you contacting them. The booking process at the police station takes about 2 to 4 hours. If court is in session, you may be arraigned the same day. The subsequent criminal case will take anywhere from 4 months to over a year to reach a final resolution in a Massachusetts District or Superior Court.
Frequently Asked Questions (FAQ)
Will I definitely be arrested if I turn myself in?
Not necessarily. For a minor property damage hit-and-run, an attorney may be able to secure a summons for a Clerk Magistrate Hearing instead of a formal arrest and booking. However, if personal injury is involved, formal booking is highly likely.
What if I was under the influence during the accident?
If significant time has passed since the accident (e.g., the next day), the police generally cannot prove you were under the influence of drugs or alcohol at the time of the crash. However, you should never admit to consuming alcohol when speaking to anyone other than your lawyer.
Can my car be seized by the police as evidence?
Yes. If the police locate your vehicle, they may tow and impound it to gather paint transfers, match damage, or secure forensic evidence, especially in felony cases involving serious injuries.
If I confess to my lawyer, will they tell the police?
Absolutely not. Everything you tell your attorney is protected by attorney-client privilege. Your lawyer cannot and will not disclose your communications to the police or the prosecutor.
Does turning myself in guarantee a lighter sentence?
While no lawyer can guarantee a specific outcome, judges and prosecutors generally view voluntary surrender favorably. It demonstrates remorse and cooperation, which can be critical factors when negotiating a plea deal or sentencing.
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