Orlando criminal defense lawyer and television legal analyst Jose Rivas was interviewed by Telemundo 31 News about an east Orlando crash where a driver crashed into a home and fled. In Florida, a hit-and-run case often depends on whether prosecutors can prove who was driving, whether the driver knew a crash occurred, and whether the driver failed to stop and give required information.
That is why speaking with an Orlando hit and run lawyer right away is important. Vehicle ownership may matter in a damage claim, but to get a conviction in criminal court, prosecutors have to prove who was driving the car.
The report said the crash happened in the early morning hours in a residential section of the Alafaya area. A Mercedes van left the road, hit a parked GMC truck, and crashed into the wall of a house. Two brothers were inside. Both survived, and no injuries were reported.
The driver fled on foot. That changed the incident from a property damage crash into a criminal investigation. Rivas was not representing anyone involved in the crash; he appeared as a legal analyst to explain what prosecutors would need to prove before filing a criminal charge.
“The reality is that it is very hard for the State Attorney’s Office to accuse a person of driving a vehicle or causing a crash if there is no living witness who saw the person and can place the accused behind the wheel at the time of the crash,” Rivas said.
That comes up often in Florida leaving-the-scene cases. Police may know who owns the vehicle. They may know where the vehicle ended up. But in criminal court, prosecutors still need proof that links a specific person to the driver’s seat.
What an Orlando Hit and Run Lawyer Looks For After a Crash
An Orlando hit and run lawyer will start with the same question Rivas raised: can the government prove who was driving? That may depend on witnesses, video, fingerprints, phone records, admissions, body-camera footage, and the timing of when police found a suspect.
Under Florida Statute § 316.061, a driver involved in a crash that causes property damage must stop, return to the scene if needed, and remain until all required duties are met. A related provision, Florida Statute § 316.062, requires the driver to provide their name, address, registration number, and license information when requested.
If the crash only caused property damage, leaving the scene can still bring jail time, fines, probation, restitution, and a criminal record. Florida Statute § 775.082 sets the sentencing framework for those offenses, and Florida Statute § 775.083 sets the applicable fine limits.
A more serious charge may arise if the facts support reckless driving. Florida Statute § 316.192 applies when a person drives with willful or wanton disregard for the safety of people or property.
An Orlando hit and run lawyer may also challenge weak assumptions. Being near a vehicle is not proof beyond a reasonable doubt. A person charged with a crime has the right to test every part of the state’s case.
Rivas also addressed who may have to pay for the damage. “The owner of the vehicle is always responsible,” Rivas said.
That does not mean the owner is always criminally guilty. Criminal guilt and civil responsibility are different issues. The state must prove a criminal traffic offense, while damage claims may involve insurance, ownership, and permission to use the vehicle.
How an Orlando Defense Attorney Can Help You
An experienced Orlando hit and run lawyer can move fast before evidence disappears. Crash scenes change. Surveillance video may be erased. Witness memories fade. A defense team can gather records, inspect the scene, and compare the police report with the physical facts.
The Rivas Law Firm handles Florida leaving-the-scene charges, criminal traffic cases, and related accusations. An Orlando hit and run lawyer at the Rivas Law Firm can explain your options, and you can learn more on the firm’s Orlando traffic violations lawyer page and Jose I. Rivas’s attorney profile.
A defense strategy may focus on whether any witness can place the accused behind the wheel. It may also review whether the driver knew a crash happened and whether the legal duty to remain was clear. In some cases, a hit and run attorney Orlando residents trust may negotiate for a favorable outcome, reduced charge, diversion, restitution plan, or dismissal.
The goal is not to excuse unsafe driving. The goal is to make the criminal justice system follow the law. A criminal defense lawyer in Orlando can look for missing proof, improper assumptions, and facts that help the client.
This matters for anyone in Central Florida who is charged with a crime after a crash. A conviction can affect work, immigration status, insurance, a driver’s license, and future background checks. Even a misdemeanor can bring jail time and years of stress.
If police contact you about a crash, do not wait until charges are filed. Hire an Orlando hit and run lawyer early, especially when the case depends on who was driving and what was seen. Call an experienced defense attorney in Central Florida before you answer detailed questions.
Frequently Asked Questions
Can I be charged with hit and run in Florida if I was not driving?
You should not be convicted unless prosecutors can prove you were the driver. An Orlando hit and run lawyer can review whether the evidence actually places you behind the wheel at the time of the crash.
Who pays when a driver flees after crashing into a house in Florida?
Damage claims may involve the vehicle owner, the driver, insurance coverage, and other facts. Rivas explained that the owner may be responsible for damage, but criminal charges still require proof of who was driving.
Should I talk to police if they ask about a hit-and-run crash?
You should speak with a criminal defense lawyer before giving a detailed statement. Even honest answers can be misunderstood or used later in criminal court.
Call 407‑644‑2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm, P.A.
Orlando Criminal Defense Attorney Jose Rivas is a veteran bilingual TV Legal Analyst who has appeared on Univision, Fox News, Telemundo, and many other news outlets. He is highly rated on professional platforms, maintaining a 4.9/5.0 rating on Avvo based on dozens of client reviews.