Can a rent-to-own company file felony charges against me for not return the property?

05/11/2007 - Criminal - State: TX #4490

Full Question:

Can a Rent to own company file felony charges against you if you left their items in an apartment because you were working out of town and when your job ended you were not able to contact them, but the following working day you called them and told them to pick up their stuff and when they got there two weeks later it was gone. Now they are trying to file felony charges on me and my former co-worker saying they never got their items. Can they do this?

Answer:

Larceny involves the wrongful taking of the personal property of another with the intent to deprive the owner of the property. Embezzlement involves taking another person's property or money by a person to whom it has been entrusted, without permission. Embezzlement is different from larceny in that the wrongdoer did not take the property from the possession of another, and it is not robbery because there is neither a taking of the property nor the use of force or fear. The fact that a defendant intends to return the property or the money that has been embezzled is no defense.

You are probably not be guilty of either, but these are the only two crimes that might apply to your case of which we are aware.



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05/11/2007 - Category: Criminal - State: TX #4490

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