Legal Question in Criminal Law in Louisiana

how long can he wait to press charges

My husband and I seperated. He threatened to charge me with felony theft for taking a loan out of his 401k while we were together. He spent the money and knew about it but now says he didn't. We reconcilled for a short time but I don't want to remain married to him but he threatens to press charges against me every time we have a fight and he thinks I might leave. He had me arrested for using his debit card he gave me but once the da realized that he had given me permission and the pass code to use it and that he only pressed charges after we seperated. He dropped all charges against me. But my husband mananged to keep me in jail for 24 days. I am worried about what he will do this time. What is the best course of action to protect myself from my controlling abusive i want to be exhusband.


Asked on 11/08/07, 11:31 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: how long can he wait to press charges

File for divorce. What worries me is that if you had the "legal" right to make the loan, then there is nothing to worry about. What I suspect is that you had to forge his name or otherwise commit some fraud to get the money. Therefore, you should be worried. However, you need to come clean with the 401k administrator and see what your options are. You may have enough interest in the account that the amount borrowed is covered by your interest. If he knew about the loan and consented to it by using all or part of the money, then he may have no claim of theft. But, it may the 401k administrator who will bring the criminal complaint. Get a lawyer and let him handle all areas of this and all other matters pertaining to your divorce action.

Read more
Answered on 11/08/07, 12:08 pm


Related Questions & Answers

More Criminal Law questions and answers in Louisiana