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How to Beat a Failure to Return a Rental Vehicle Charge in Maryland

Being charged with failure to return a rental vehicle under CR 7-205 can be overwhelming. While this offense may seem like a contract dispute, Maryland law treats it as a criminal misdemeanor, carrying up to 1 year in jail and fines of up to $500. The good news? There are strong legal defenses that may help you avoid a conviction.

This guide will break down the best strategies to fight a CR 7-205 charge and protect your record.

Understanding CR 7-205: Failure to Return a Rental Vehicle

CR 7-205 makes it a crime for a person who leases or rents a motor vehicle to abandon, refuse, or willfully neglect to return it at the end of the rental period.

However, prosecution cannot begin until:

1. The rental company sends a written demand for the return of the vehicle via regular and certified mail.
2. Five days have passed after the demand was mailed, giving you a chance to return the vehicle.

If you returned the vehicle within the five-day grace period, you cannot be prosecuted.

Defense Strategies for a Failure to Return a Rental Vehicle Charge

If you are facing this charge, here are the top defenses your attorney may use:

1. You Returned the Vehicle Within the Grace Period

Under CR 7-205, you cannot be charged if you returned or accounted for the vehicle within five days after receiving the written demand from the rental company.

How to Prove It:

• Keep receipts, emails, or timestamps showing when you returned the vehicle.
• If you returned it but the company lost track, request surveillance footage from the rental lot.

2. Lack of Intent

To convict you, the prosecution must prove that you willfully refused or neglected to return the vehicle. If you made honest efforts to return it but faced unexpected delays, you may have a valid defense.

Possible Justifications:

• You misunderstood the due date.
• The rental office was closed when you attempted to return it.
• You contacted the rental company about extending the rental period.

3. Administrative or Billing Errors

Sometimes, rental companies wrongly report vehicles as unreturned due to:

• Payment processing issues causing an automatic extension without your knowledge.
• System errors failing to mark the vehicle as returned.
• Employees misplacing the vehicle after drop-off.

Your attorney can subpoena rental records to uncover errors in the company�s case.

4. Emergency or Circumstances Beyond Your Control

If a genuine emergency prevented you from returning the vehicle on time, you may be able to argue that you did not act willfully.

Valid Situations Include:

• Medical emergencies.
• Vehicle breakdown or accident.
• Travel disruptions (e.g., flight cancellations, road closures).

Providing supporting documentation (hospital records, tow truck receipts, etc.) will strengthen this defense.

5. The Rental Company Failed to Follow Proper Procedures

Maryland law requires rental companies to follow specific steps before pressing charges. If they failed to:

• Send a written demand via regular and certified mail before filing charges.
• Wait at least five days before involving law enforcement.

Then, your attorney may be able to dismiss the case on procedural grounds.

How a Maryland Criminal Defense Lawyer Can Help

An experienced Maryland theft lawyer can:

• Negotiate with the rental company to drop the case.
• Challenge the evidence if the prosecution cannot prove intent.
• Present evidence that you returned the vehicle or faced unavoidable delays.

Act Now � Protect Your Future

A conviction under CR 7-205 can affect your criminal record, job opportunities, and financial stability. Do not fight this charge alone. Contact FrizWoods Criminal Defense today for a free consultation.

Related Resources

• Understanding CR 7-205: Failure to Return a Rental Vehicle