Can I be charged criminally if I took a deposit and backed out?

Can criminal charges be filed against me if I took a deposit, started the work but can’t finish without a draw that is being refused?

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Answered By: Law Office of Daniel K Martin

First of all I want to explain something. Anyone can be charged with anything, that does not mean that the prosecutor can prove the case. The law in a situation like this is based on intent. If you took a deposit with the intent to defraud someone then you could be held criminally liable. The prosecutor will look at circumstantial evidence to determine what your intent was. For example, did you do some work? Was the amount of work that you did about equal to the deposit amount? You should meet with a defense lawyer to discuss the specifics of your case.

Answer Applies to: California
Replied: 11/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Robert L. Driessen

More information would be needed but typically no you cannot be charged criminally for a contract claim.

Answer Applies to: California
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of James S. Lochead

For criminal charges to be viable, the DA has to be able to prove you had an intent to defraud when you took the money and didn't complete the work. It doesn't appear that was the case from the facts you set forth. However the other party may file a civil claim if they really believe your taking the money was unjustified.

Answer Applies to: California
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Eric Sterkenburg

If you took a deposit for work that you are contracted to do and did not finish the work the person that gave you the deposit can file a civil law suit against you. If you started the work then you may be entitled to part or all of the deposit. To have a criminal charge you would have to have the intention to defraud the people giving you the money.

Answer Applies to: California
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jeff Yeh

Of course you can. The moment you took the deposit was what did it.

Answer Applies to: California
Replied: 11/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.