I went kayaking and had an accident and lost the rental equiptment- the owner instructed me I will be arrested tomorrow.

Criminal Defense 9 views 3 answers
He continues to assert that i will be put in prison, arrested and charge with a felony - I know theft is only when it was intentionally or knowingly deprived but since this was a life and death situation to let go of the raft I am sure of what to do. Can I be arrested : ?

Attorney Answers

3
H Steinberg ·
I think he is bluffing. You ARE probably civilly legally responsible to pay for the lost property - but he must sue you in court - civil not criminal court - to recover his loss. I would contact an attorney to discuss the situation. If he continues to threaten you - you can contact law enforcement who will probably contact him to stop him from threatening criminal prosecution. Do NOT put up with these threats . You did not commit a theft under these facts in my opinion. This is not the same situation (where theft IS often charged) where individuals keep property - such as rental vehicle - refusing to return it. This was an emergency - but you should pay the rental owner the values of the kayak and the other equipment that was lost.
0 upvotes
Robert Murillo ·
You did not commit a crime if you lost the property. You will have to pay and you should make arrangements to pay immediately. If you don't pay, you will be sued and you will lose that suit, most likely.
0 upvotes
John William EricksonLitigation LawyerColorado Springs, CO ·
I agree with my colleagues. This is a civil matter, not a criminal matter. Most police officers would likely advise him similarly. Moreover, I can't imagine that an Assistant District Attorney would take such a case. If the equipment was lost or stolen from your car, truck, etc., I recommend that you contact your insurance company to open a claim. Cheers from the Springs!
0 upvotes

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