Rental Car Embezzlement Attorney in OC - Law Office of Wais Azami

Using rental car longer than permitted is considered embezzlement. Wais Azami is embezzlement defense attorney in OC. Embezzlement is a form of theft where the owner entrusted their personal property to a person with the condition that it would be returned. Currently, the law allows an owner to report the vehicle as stolen after 72 hours of not being returned. However, effective 2024, the owner must wait 5 days before being able to report the vehicle as stolen.

Defenses:

- - Didn’t Lease the Vehicle
  - Did return it within the 72 hours (5 days after 2024)
  - Did inform owner of vehicle and obtained extended rights to use longer (should have evidence of this)
  - Owner allowed extended use

Exposure/Penalties:

- - Possible Driver’s License Suspension
  - 1 year County Jail or 16 months, 2 yrs, 3yrs
  - Possible Immigration Consequences

Failure to return vehicle after lease or rental agreement expires–procurement by fraud! ~ California Vehicle Code Section 10855

- - If a person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 72 hours after the lease or rental agreement has expired, the person shall be presumed to have embezzled the vehicle. In 2024, this will be extended to 5 days.
  - If the owner of a vehicle that has been leased or rented discovers that it was procured by fraud, the owner is not required to wait until the expiration of the lease or rental agreement to inform law enforcement pursuant to subdivision (c).
  - The owner of an embezzled vehicle as described in paragraph (1) of subdivision (a) shall attempt to contact the other party to the lease or rental agreement who has failed to return the vehicle using the contact method designated in the rental agreement for this purpose. If the owner is able to contact the party, the owner shall inform the party that if arrangements for the return of the vehicle that are satisfactory for the owner are not made, the owner may report the vehicle stolen to law enforcement. If the owner is not able to contact the other party after a reasonable number of attempts, or, if upon contacting the other party, the owner is not able to arrange for the satisfactory return of the vehicle, the owner may report the vehicle stolen pursuant to subdivision (c)
  - The owner of a vehicle that has been embezzled as described in paragraph (1) of subdivision (a), after satisfaction of the requirements of subdivision (b), or of a vehicle that was stolen as described in paragraph (2) of subdivision (a), may report this occurrence to a peace officer.
  - The lease or rental agreement shall disclose that failure to return the vehicle within 72 hours of the expiration of the lease or rental agreement may result in the owner reporting the vehicle as stolen and shall require the lessee to provide a method to contact the lessee if the vehicle is not returned.
  - Section 40000.1 does not apply to an owner who fails to comply with this section.
  - This section shall remain in effect until January 1, 2024, and as of that date, is repealed.

Ca. Veh. Code § 10855

Have you been accused of rental car theft?

Call the Law Offices of Wais Azami at (714) 321-9999. Or schedule a free consultation with our rental car theft lawyer in Orange County here. We will generate a defense plan which aims to get the charges dismissed, reduced, and/or the consequences mitigated.