It happens—sometimes by accident, sometimes on purpose. We eat out and one way or another, the bill doesn’t get paid. Or we stay the night in a hotel and somehow fail to pay. In Oklahoma, defrauding hotels and restaurants is often a misdemeanor. But in certain circumstances, leaving without paying the check can be a felony. Here is what you need to know about dine and dash in Okmulgee.
Dine and Dash—Defrauding a Restaurant or Hotel
A person who knowingly obtains food, lodging, or other services from a hotel, restaurant, boarding house or the like may be convicted of a misdemeanor if the value of the service is under $1000. The crime is punishable by up to 3 months in county jail, a fine up to $500, or both. If the value of the service is $1000 or more, the crime is considered a felony punishable by up to 5 years in prison. Okla. Stat. tit. 21 § 1503
It can be tempting to just leave if a server forgets about you in the rush of dinner service. But it is rarely a good idea. Most of the time, a dine and dash involves a bill of less than $1000. Often these bills involve less than $100. In some way, these smaller amounts may seem trivial, but restaurants tend to prosecute them as a deterrent. Therefore, while it looks like petit larceny or shoplifting, you want to treat it at seriously as the restaurant owner does. While any jail time is serious, there is a world of difference between 3 months in jail and 5 years in prison.
However, a bill can reach that $1000 threshold pretty easily with a large group. Office parties, weddings, and the like tend to have large bills once food and drinks are added up. In the middle of festivities, the question of who is actually going to pay can get confusing, and it can be easy to inadvertently leave the restaurant without paying. But doing so can expose you to a possible felony charge. In that case, you will want to hire an attorney experienced in the area of felony criminal defense.
Dine and Dash Laws Pertain to Rental Units Too
Just as it is against the law to dine and dash, it is a crime to sleep and dash. A person who knowingly obtains shelter, lodging, or any other services at an apartment house, apartment, rental unit, rental house, or trailer camp, with intent to defraud the owner or keeper thereof (via passing a bad check), can be convicted of a misdemeanor. The crime is punishable by a fine up to $100, jail time up to 3 months, or both a fine and jail time. Okla. Stat. tit. 21 § 1503
The Law Makes the Job Easier For the Prosecution
This same law makes it easier for the prosecution to prove intent to defraud. Unless there is a written contract to delay payment, proof of intent to defraud can be shown by proving that someone ate their meal and left the restaurant without paying, or that someone stayed in a hotel and skipped out without paying. It can also be shown by registering in a hotel under a fictitious name or by showing that a person surreptitiously removed or attempted to remove their baggage. This makes it much easier for the prosecution. Okla. Stat. tit. 21 § 1503
Anytime that jail time is a possibility is a good time to get help from an experienced Okmulgee felony attorney.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
Our experienced criminal defense lawyers are here to help you. Just call our Okmulgee office at (918) 756-9600 or toll-free (888) Wirth-LAW now for a initial consult at the Wirth Law Office – Okmulgee. Or enter your legal question or concern in the firm at the top right of this page, and one of our Okmulgee lawyers will promptly return your message.
