"On the 7th of October my client rented an automobile. The automobile was to be returned on the 9th of October at 12:30 p.m.
Client was arrested on the morning of the 9th. The capias was actually served on him at 9:05 a.m. which means he had already been in custody for some time prior to that. Obviously, the car didn't get returned and Client was charged under this statute:
If any person comes into the possession as bailee of any animal, aircraft, vehicle, boat or vessel, and fail to return the same to the bailor, in accordance with the bailment agreement, he shall be deemed guilty of larceny thereof and receive the same punishment, according to the value of the thing stolen, prescribed for the punishment of the larceny of goods and chattels. The failure to return to the bailor such animal, aircraft, vehicle, boat or vessel, within five days from the time the bailee has agreed in writing to return the same shall be prima facie evidence of larceny by such bailee of such animal, aircraft, vehicle, boat or vessel."
While I agree it's not a specific intent crime, you need to have some basic level of mental guilt - kind of like speeding. Fees and penalties for a late rental are one thing, but a criminal conviction shouldn't stand. Nothing to do with ability - sometimes judges are just wrong.
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