Legal Question in Criminal Law in Ohio

theft by deception or malicious prosecution???

Here's my problem, my company was hired to do a roofing job here in toledo,OH I had the customer read and sign 2 items, 1 was the contract for the work, and 2 was a cancellation agreement.

The first one had stated what work we were going to do and the charges for the material and labor. The 2nd gave OUR company procedures on cancellation of the work by either party.

Simply put if a customer had cancelled after a period of time that their deposit would be non-refundable. Also If we cancel then their monies would be returned with interest.

The customer after waiting 6 weeks to cancel had claimed that this was unfair. He went to the local police department and they filed charges against me for Theft by Deception.

now after giving the prosecuter all paperwork I was still indicted on the charges. have court 3/10 looking at a felony 5. How can this be?


Asked on 3/04/08, 2:14 am

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: theft by deception or malicious prosecution???

No one can answer that question without first reading the paperwork you describe, as "the devil is in the details."

You should be addressing these questions to your lawyer. If you do not have a lawyer, you MUST get one. A felony 5 is punishable by up to 12 months in prison, and a felony conviction has all kinds of collateral consequences --- and they are all bad. Do not make the mistake of thinking that just because you believe you are innocent the jury will also believe it.

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Answered on 3/04/08, 9:34 am


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