ever so busy
Busy or not, they were driving around in a rental car, with the rental company aware of the date they were returning it (regardless of whether someone messed it up in a computer, they were told), and they were arrested for grand theft auto. This is without an attempt to contact the renter about the 'late' car, and continuing to bill them for it.
The rental car was originally rented for a shorter of time, and was extended several times over the phone, each time assured that it was in the computer and no problem. The first few times seem to have went without a problem.
However busy a person is using a rental car that they're paying for and that isn't due to be returned yet doesn't seem to me to be a reason to subject them to a felony arrest. Is "busy" the threshold now? If they were too busy to update the rental company on the return date, I see an argument for it, although even if that was the case it's quite a surprise to me, since it's still being paid for. And perhaps this falls under the overall question of whether someone can be charged for stealing a rented item if they are paying rental fees. (although perhaps not relevant in this case since the rental term wasn't up, if it can't be proven through phone records that they were called and told to extend the rental term and just failed to put it in the computer, the fact that it was continually being paid for, along with a history as a good customer, seems like a reasonable defense that the car was not stolen).
I'm simply trying to find out if such an apparently clear-cut case is something to worry about, what kind of documentation a court would consider proof if the public defender does not do his job, and what the possibility of civil consequences for the rental place are, since there seems to be no legitimate cause for confusion, even if they did fail to put it in the computer one time.
If you think this is is funny, try renting a car some time and being arrested for grand theft auto before the car is due back, and see if you're still laughing.
And if it really is the case that a person could be convicted of grand theft auto for this, it might be nice to know. It's shocking that a person could be arrested for it at all given the circumstances.
It also might be nice to know if there's some documentation that the public defender could fail to get (but should have) that would make a difference here, since this could change the outcome.
I have to think that this happens all the time and that this isn't uniquely bad luck. (Also makes me wonder if a history of false theft allegations by this company is relevant to the case, or a civil case in response).
Personally, I've never had a problem with the major car rental places when extending cars, they just bill me and I only call as a courtesy, a policy I always ask about when extending a rental just to be sure. This is a small rental place that I've never used, but I understand they have a sign saying that rental cars will be reported stolen if they are missing for 24 hours. I don't think a sign can just create a law, but once when using a similar small rental place with a similar sign, I did have them call me after the 'due date', because the person I talked to the day to extend it by an extra day before did not put it in the computer. It was the only time I didn't insist they put it in the computer before I hang up because they sounded busy, and indeed they didn't add it. I don't know if they would have reported the car stolen if I didn't answer my phone when they called me on the due date in their computer. But that's the threat I felt after seeing the similar sign on the wall and knowing about this case. At least they called me.
After this incident I won't ever rent a car from anyone but the major companies, and will every time make sure their policy on extended returns (or late returns without calling) is to just bill for it by default so that a computer error (meaning person who didn't put it in the computer when called) doesn't wind me up in jail.
Not sure how the renter being 'busy' is a reason to charge them with grand theft auto when they've done nothing of the sort and haven't even created an appearance of such.
