Legal Question in Criminal Law in Maine

Theft of Service - Pizza To Go

I had dinner in a restaurant where the service was horrid and food was mediocre - but they touted themselves as ''fine dining''. The owner wasn't concerned about the rude service problem, but did at our request, change waiters for us. We paid and left vowing never to return and let anyone know that asked - not to go there. Two weeks later I ordered a pizza from a new pizza joint in town. When I went to pick it up I was met at the door by the owner of that restaurant and his rude waiter at the cash register eager to take my money! I was shocked and taken a back by this. The only thing I knew to do was to tell them, ''I''m sorry, cancel my order, I don't want to do business with you.'' The owner followed me to the car and asked what was wrong - I reminded him of my horrid service and experience a few weeks prior and told him that I really choose not to patronize him at either business. He said nothing - just looked at me as I drove off. A few hours later I received a ''ticket'' from the police for ''Theft of Service''. I had NO intent to not pay for the food when I ordered it. Based on my past experience with this owner and not knowing he owned this newly opened pizza joint - I NEVER would have ordered from him! Defense???


Asked on 5/31/07, 3:24 pm

3 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: Theft of Service - Pizza To Go

it should not have been THEFT OF SERVICE. anyway, though unintentionally, you are at fault and should pay the money or fine to get out of the mess.

tell the authorities of the story and they will probably sympathasise with you and the matter will be sorted out easily.

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Answered on 6/01/07, 1:46 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Theft of Service - Pizza To Go

It's not the owner's fault that you didn't know he operated both restaurants. You ordered the pizza, and in so doing implicitly promised to pay for it. The restaurant performed the service you had promised to pay for, and you had no right to change your mind after that point.

Whether what you did amounts to theft of services is an interesting question. It seems like a simple breach of contract case to me, not a criminal matter. It is generally not a crime to breach a contract, and I don't see why your breach should be treated differently. I'm not a Maine lawyer, however, and I don't know what your state's theft-of-services statute covers. Hopefully someone else can better answer that part of your question.

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Answered on 5/31/07, 3:33 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Theft of Service - Pizza To Go

I have to disagree with Mr. Gupta. It is seldom a good idea to go to the authorities on your own and tell them your version of events. That might be good advice in New Delhi (where Mr. Gupta practices), but in the U.S. it could make your situation much worse.

The authorities already believe you are guilty, and your statement is more likely to give them ammunition to use against you than it is to get them to back off. At a minimum, you should have a lawyer with you when and if you do this.

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Answered on 6/04/07, 3:29 am


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