Ask a Lawyer and Get Answers to Your Legal Questions
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
Is there a specific question with which I could assist?
Yes. A failure to return can be filed and prosecuted even if the merchandise was returned first. The crime was committed when the initial failure to return occurred even if it was later corrected.
Using your dates, and just as an example. let's say that the property was due on 4/1 and a demand was made for it to be returned on 4/1 and the defendant refused. The crime was then committed on 4/1. If the people then came and picked it up two weeks later, the crime still occurred on 4/1.
Just returning it before the warrant is issued doesn't mean the crime didn't occur or prevent a warrant from issuing later.