Folks,
I generally have my clients sign waivers stating that I can release their information in order to aid them or to instruct my college students. This is no exception. I currently have two gun cases that require assistance, and if you have any ideas, they would come in handy.
Case #1: A CWL-holding moped rider ("Moped") is on his bike as he's stopped. The firearm is not on display, but as the officer requests Moped's credentials, Moped gives him both the license and CWL, making the officer aware that he was carrying. The officer handcuffed Moped and placed him under arrest for "Aggravated assault on a LEO with a deadly weapon." In the A-form, the officer claims that Moped pulled the gun out and pointed it at the officer. Apart from filing the SMTD that tells the truth, advice?
Case #2: A Coral Gables officer, during a routine traffic stop, is told by my client ("Car") that Car possesses a weapon and that it's in the glove compartment. The officer removed the weapon, emptied it, confiscated it, gave the client a routine traffic ticket, and kept the weapon, claiming that it was "unregistered." We know, of course, that registration is not necessary in Florida, but I wonder how to go out about this.
Priority #1 is getting Car's weapon back, since it has been there since Thanksgiving (thankfully, the CGPD property guy said that it hasn't been destroyed, and
that he'll do what he can to keep it from getting destroyed. I'm planning on using the traffic case to have the firearm returned. I could certainly use Sean's help,
or any attorney who may have a good writ of replevin. Sean sent me one the other day but the PDF was unreadable (so if you can send it again, it'd be great)
Priority #2 is exposure. My client is angry as hell and is willing to fight this one on principle. He wants to sue the City of Coral Gables and use the law to get
paid and possibly even get the officer sanctioned. Where should I be looking in order to fight the City on this one?
Your help is immensely appreciated,
Jesus
I generally have my clients sign waivers stating that I can release their information in order to aid them or to instruct my college students. This is no exception. I currently have two gun cases that require assistance, and if you have any ideas, they would come in handy.
Case #1: A CWL-holding moped rider ("Moped") is on his bike as he's stopped. The firearm is not on display, but as the officer requests Moped's credentials, Moped gives him both the license and CWL, making the officer aware that he was carrying. The officer handcuffed Moped and placed him under arrest for "Aggravated assault on a LEO with a deadly weapon." In the A-form, the officer claims that Moped pulled the gun out and pointed it at the officer. Apart from filing the SMTD that tells the truth, advice?
Case #2: A Coral Gables officer, during a routine traffic stop, is told by my client ("Car") that Car possesses a weapon and that it's in the glove compartment. The officer removed the weapon, emptied it, confiscated it, gave the client a routine traffic ticket, and kept the weapon, claiming that it was "unregistered." We know, of course, that registration is not necessary in Florida, but I wonder how to go out about this.
Priority #1 is getting Car's weapon back, since it has been there since Thanksgiving (thankfully, the CGPD property guy said that it hasn't been destroyed, and
that he'll do what he can to keep it from getting destroyed. I'm planning on using the traffic case to have the firearm returned. I could certainly use Sean's help,
or any attorney who may have a good writ of replevin. Sean sent me one the other day but the PDF was unreadable (so if you can send it again, it'd be great)
Priority #2 is exposure. My client is angry as hell and is willing to fight this one on principle. He wants to sue the City of Coral Gables and use the law to get
paid and possibly even get the officer sanctioned. Where should I be looking in order to fight the City on this one?
Your help is immensely appreciated,
Jesus