Q: I was arrested for theft of property.I rented scaffolds and returned them but never recieved a bill.Is this legal?
A: Your answer is found in Texas Penal Code 31.04. Usually, the scenario you describe is filed as a criminal charge because the renter signed a rental agreement for equipment, the time for return has passed, the item was not returned, even after numerous attempts by the owner to communicate to the renter, leaving the owner with no choice other than to fie criminal charges. Receiving a bill is rarely an issue because the renter usually signs an agreement before receiving the property. However, the intent portion of the offense is only "presumed", so you have an opportunity to challenge the presumption and overcome it. It is VERY important to hire a good lawyer; theft is a very serious crime involving "moral turpitude", which can seriously affect your business and personal life for a very long time.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
