Gainesville, TX asked in Criminal Law for Texas

Q: I was arrested for theft of property.I rented scaffolds and returned them but never recieved a bill.Is this legal?

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1 Lawyer Answer
Phillip Wayne Goff
Phillip Wayne Goff
  • Criminal Law Lawyer
  • Corpus Christi, TX
  • Licensed in Texas

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.

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