Earlier this week a Dunnellon woman was caught driving a rental car reported as stolen traveling westbound in the 2400 block of NW 10th Street in Ocala.
One defense would be to challenge the voluntariness of the confessions made by Ms. Odom. There is a fair amount of case law to support that ‘roadside’ interrogations are not necessarily interrogations that would trigger protections such as Miranda warnings. However, in Ms. Odom’s situation, it looks as though she was parked at a convenience store and was then later detained in the back of the officer’s patrol care. When detained by law enforcement, there is a greater argument to make that protections against self-incrimination and interrogations should apply. In Ms. Odom’s situation though, she was read Miranda warnings and then made admissions to law enforcement regarding issues surrounding her driver’s license.
For a grand theft motor vehicle charge, the State would be required to show that an individual intended to deprive a person or business of their property. For Ms. Odom, there seemed to be a lack of intent to steal the vehicle as she was given the authority to drive and keep the vehicle by an employee of the rental company who presumably had the authority to give her permission to keep and use the vehicle. My main strategy would be to show that she had no intent to deprive the rental company of their vehicle as she was given permission by them to keep the vehicle.
If you or your loved one are being accused of committing a crime, you should consult with one of our Criminal Defense Attorneys, don’t hesitate to call us at 352-WIN-4YOU We are available 24/7 and we offer payment plans.