DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
The Rossen Law Firm was able to get Collin W.’s Failure to Return a Leased Vehicle charge dropped so that he could go back to his life without worrying about ending up in prison.
Collin was concerned about having a third-degree felony on his record and the possibility of five years in prison, especially since he had never been in trouble before. Collin was also worried that he was arrested for an innocent mistake and miscommunication, as he truly believed that the company would continue to charge his card for the continued time he rented the car.
Facts in Failure to Return Leased Vehicle Felony Case:
Collin rented a car from a dealership but when it was due back the next week, he kept it. Collin insisted that when he normally rents through a different company they just continue to bill his card for the subsequent time with the car, so he did the same with this company. Collin continued on with his life until the company reported the car as stolen. The police were able to use the GPS to track the car and find and question Collin. Collin was told that the company tried to contact him several times, but Collin denied any communication. The police then arrested Collin for failure to return a leased vehicle.
After looking into Collin’s case, we looked into the statute that deals with contracts and rental agreements. We found a portion of the statute that says that if the specific language in the law is not in the contract, then the company cannot charge the client with failure to rent a leased vehicle. Collin’s public defender has originally written a motion to dismiss based upon that statute, so when Collin hired us we adopted and finished the motion. We were granted the motion and got Collin’s charge reduced to a misdemeanor.
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