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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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DEFENDANT IS ARRESTED AFTER THE RETURN OF RENTAL TV AND

Customer Question

DEFENDANT IS ARRESTED AFTER THE RETURN OF RENTAL TV AND CHARGE WITH FELONY FRAUD FAILURE TO RETURN RENTAL PROPERTY
1) Timeline
*Merchandise was picked up by Buddy’s /returned on 04/17/2015 (documentation and witnesses)
* Judge sign the warrant on 04/24/2015
* The Department received the warrant 4/29/2015
* Defendant turned himself in after notification of warrant at the County Courthouse Annex/Booking 05/26/15
2) Merchandise payoff amount was under $300 (Payment history report) and Police Department estimated retail cost of the property and Buddy’s rental doesn’t match.
3) False information within Police Department Arrest Report and Addendum of Probable Cause
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.

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?

Customer: replied 2 years ago.
CAN A DEFENDANT BE ARRESTED AFTER THE RETURN OF RENTAL TV AND CHARGE WITH FELONY FRAUD FAILURE TO RETURN RENTAL PROPERTY
Customer: replied 2 years ago.
Timeline *Merchandise was picked up by Buddy’s /returned on 04/17/2015 (documentation and witnesses) * Judge sign the warrant on 04/24/2015 * The Department received the warrant 4/29/2015 * Defendant turned himself in after notification of warrant at the County Courthouse Annex/Booking 05/26/15
Customer: replied 2 years ago.
THE BUDDY'S RENTAL COMPANY VERIFIED THE MERCHANDISE WAS RETURN ON 04/17/2015 BEFORE WARRANT WAS SIGN
Expert:  Dwayne B. replied 2 years ago.

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.

Expert:  Dwayne B. replied 2 years ago.

Just returning it before the warrant is issued doesn't mean the crime didn't occur or prevent a warrant from issuing later.