Crime or Contract: if you return a rental late, are you guilty of theft or conversion?

I have client who is accused of theft of property for not returning his tux on time. My client says he returned the tux very late, but that he did return it. The state says he hasn’t returned it. The discovery materials I have received have not been updated in close to a year. Basically, the rental receipt shows a deposit and rental paid, and shows that. $25 late fee shall be assessed per day late. So to me, the rental contract terms would govern this transaction. Further, its been advised to me that the crime would depend on the mental state and time of the transaction. If my client had intended to steal the tux or fraudulently signed this contract, he’s guilty of fraud, if not theft. But why pay money to steal a used suit? Oh, btw, I think all the groomsmen returned the tuxes late, and are now being charged with theft. What do you think?
Sent via BlackBerry by AT&T


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