Legal Question in Criminal Law in Kansas
grand larceny
my sons friend gave him his atm card and pin number. My son proceded to withdrawal $600 out of his friends account. My question is can my son be charged with grand larceny even though the friend gave him the atm card and pin number?
1 Answer from Attorneys
Re: grand larceny
A person can be PROPERLY be charged with a crime if the district attorney/county attorney finds there is probable cause to believe a crime has been committed. If you son’s friend make a police report saying that his ATM card was stolen and used to withdraw money by your son, your son can be charged with a crime. If your son’s friend reported he gave the ATM card to your son to hold, look at, safeguard, take to another location, but did not authorize your son to use the card to withdraw money, then your son can properly be charged with a crime.
If the police received information that your son received the ATM card and PIN number and WAS AUTHORIZED by the card holder to withdraw $600 out of the account, then no prosecutor could PROPERLY file a larceny charge against you son. If your son was charged with this crime regardless of the facts given to the police by the victim, it is his DEFENSE that the friend gave your son the card and authorized your son to withdraw $600.00.
Without more facts of what is going on, that is the best answer that I can give.
Jay K. Ramey
Attorney at Law
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