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lwpat, Attorney
Category: Legal
Satisfied Customers: 25387
Experience:  Actively practicing trial attorney
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My trucking company rented a truck in MS,,, they demanded the

Customer Question

My trucking company rented a truck in MS,,, they demanded the truck back in so many hours and my driver could not make it to the location, but the person the truck was originally rented from told us the truck can be taken anyuwhere since we haul in 50 stte, he was also not billing us correctly so the balance was 8K as of Fridday...well my driver was hel at a scale because the rental truck company reported the vehicle stolen and never told us it was reported stolen, buit told him to take it to the dealership in the mean time he is being held in Florida on a 75K bond we have no idea how he gets a 75k bond, but they had a warrant for him and it says theft of stolen property,,,everyone is telling us that this is civil, I would like to know how to get the bond reduced or where he can sign on his own (OR) signature bond and the warrant is out of MS... what are the legal options and the vehicle was nver stolen, is this civil or criminal We are fighting extradiction to get bond reduction
Submitted: 7 years ago.
Category: Legal
Expert:  lwpat replied 7 years ago.
If the truck was legally rented to you, then it was not stolen. However, if it was seriously overdue and they could not contact anyone, then they were within their rights to report it as stolen. However, they would have had to have made a legitimate attempt to get in touch with the person or company on the rental. If they did not here I agree that it would be a civil matter as to the 8K.

In addition a 75K bond is excessive but that is probably because he is out of state. An attorney can get his bond reduced and probably also get the charges dropped. I doubt they will agree to an OR bond but you should be able to get a bondsman to go his bail after it is reduced.

You will need a CDL attorney or a traffic attorney out of Florida to assist you. And then probably one in Mississippi also since you will have a counterclaim for damages against the rental company. We cannot recommend specific attorneys but here is a site that can provide some assistance.
Customer: replied 7 years ago.
the issue arises to the truck beiong rented to us by one person who is now fired told us one thing and them fmanding the truck back because the orignal person did not bill miles correctly we were in communication with them the entire time but they told my driver to take the truck to any volvo dealership and while he was trying to return it that is when he got arrested, but the people at the scale did not want to get involved they insisted that is was a civil matter but missispi issued a warrant saying theft of retak property and they knew the vehicle was not stolem FLorida is just hoilding him, but what should the bond be in something like this we defintely will file a counter claim because we are going to lose our contract behind this bit what should the bond be he had his 1st appearance, but they did not giv him a public defender it was just to say no or yes to extradiction... but if you could give me some idea as to what this type of bond shoul be that would be great and how could this be criminal thank for your response
Expert:  lwpat replied 7 years ago.
The judge is the one that makes the decision on bond and I cannot predict what an individual judge in Florida will do. If he has an attorney they can usually get it reduced but there is no way to predict. Here you and the driver would have a claim against the rental company. Botton line is that you need an attorney.

Here I would expect that the judge would reduce to around 5,000.
Customer: replied 7 years ago.

Yes I understand that the judge will make the final decison i am just trying to get an idea of what the bond should be for something like that are you saying it should be for about 5K for something like that I know you are just giving advice its just that I could not believe the 75K thanks for the info but can you confirm what the bond should be or the norm for something like that


Expert:  lwpat replied 7 years ago.
No I cannot. That is an individual decision totally at the discretion of the judge. It is not unusual for a bond to be substantially reduced after a hearing, that is all that I can tell you.
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Customer: replied 7 years ago.
Well thanks for the info which was helpful, he has not had a hearing he is just waiting for a publc defender to assist with the bond reduction I hope the bond will be reduced the warrant is from MS Florida said they have nothing to do with the bond being set so high, thats why we have to get an attorney in MS but the public defender is needed to get the bond reduced Monday so he can be bonded out, Florida is only holding him becaiuse that is where he was arrested MS is where the warrant is issued and he is fighting extradiction and would have been out THursday but we did not know why the bond was so high and they said they did not get him a public defender because they were just holding him technically florida said they have nothing to do with the case, but either way we will have an asttorney tomorrow and thanks
Expert:  lwpat replied 7 years ago.
You're welcome. An accept for my time is always appreciated. I don't think Florida will appoint him a public defender right away. Usually that takes some time.