Facts:
My client’s truck was seized by St. Petersburg Police Department (SPPD) following an alleged aggravated assault. The alleged victim claims to have seen my client brandish a firearm through the back window of the truck while both vehicles were on the road. SPPD initiated civil proceedings to seize the vehicle permanently, arguing that it was used as an instrumentality in the commission of a felony.
The Solution – Undermining the Instrumentality Argument:
Our defense strategy focused on a direct attack against the legal theory that the truck was an “instrumentality of the offense.” We argued that the allegations did not support that the vehicle was a tool used to facilitate or commit the alleged crime.
We meticulously researched and presented relevant case law, demonstrating a clear legal precedent for distinguishing between a vehicle as a setting versus a vehicle as an instrument.
The Outcome:
Our defense led to a successful resolution. After reviewing supporting case law, SPPD agreed to release the vehicle. The truck was promptly returned to my client, providing a positive outcome despite the ongoing criminal allegations. This victory was a significant relief for my client, who was able to regain control of their valuable property and have a piece of their life restored.
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