Under what conditions can someone be charged with theft of services?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Under what conditions can someone be charged with theft of services?
My daughter and I were living in a hotel room after losing our home, and my husband, who was staying elsewhere, was supposed to be paying for it. The room was registered in my name with my driver’s license on file. As we continued to fall on hard times, our balance at the hotel reached $12,000. The manager threatened several times to have me arrested for theft of services but eventually kicked me out and off the property instead (about a year ago). Also, at the time the balance was around $9K, my husband surrendered the title to his truck as collateral for future payment. We are still in possession of the vehicle and the manager is still in possession of the title. Can I still be charged with theft?
Asked on December 31, 2015 under Criminal Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Criminal liability, as opposed to civil liability, is based on having a criminal intent: if you knew at the time that you were staying there that you would not pay (for any reason; including hard times) but, knowing that you would not pay, still took their services, then you would have had the requisite criminal intent and yes, that may well be theft of service and you could face criminal charges. You could also be sued for the money and, even if you can't pay it now, the judgment could be enforced against you for years to come, if you ever get into a better financial position.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.