Legal Question in Criminal Law in Virginia

failure to return rental property

I am being charged with failure to return rental property. The man never sent me any written notification also the car broke down. I was arrested and spent 3 weeks in jail. Does he have to send me legal notification? I also returned the car but I am worried about going to jail.


Asked on 9/14/05, 5:05 am

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: failure to return rental property

Your intent in keeping the vehicle will dictate whether you committed this crime. One side is that you had no express authority to retain the vehicle if the terms of your holding it was vague as to it's terms. It wasn't yours to assume to keep, on the other hand you may not have intended to keep it beyond the terms of the agreement if the document was as vague as you say. Hard for me to judge without looking at the evidence. Whether the property functioned or not is immaterial as far as ownership and privilige to hold it principles are concerned. You stayed in jail because you could not make bond. You need as good a lawyer as you can afford.

Good luck.

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Answered on 9/15/05, 7:14 am


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