Legal Question in Criminal Law in Louisiana

Re: Theft

Dear LawGuru Friend,

I assume you are talking about a Louisiana situation. From what you post here, assuming that your step-son is of age (at least eighteen), and since you say the savings bonds were registered in his name, then it appears to me that it is indeed his money. However, before I can give you a more definitive answer, I would need to know why your step-son needed his mother to go to the bank with him to cash the savings bonds. Also, I would need to know how she came to have the money in her hands, in her possession and not his. I would need to know if he entrusted her with the money for safe-keeping, much like one deposits money in a bank. Now, if he entrusted it to her for safe-keeping, and since she refuses to turn it over to him, I would take the position that this is a civil matter, not a criminal matter. On the other hand, if he entrusted it to her for safekeeping, and she has disposed of it--that is, has spent it--then I think this changes to a criminal matter. I do think, however, that most prosecutors, if given this situaiton, would tell your step-son that this a "civil" matter and not a "criminal" matter; and they would not "accept" a criminal charge against the son's mother. Also, it would be hard for a son to put a criminal charge against his real mother, even is she was being a real jerk--which she appears she is being in this case. I am sorry I cannot give you a better answer, but the true answer all depends on other considerations that are not apparent from your posted question. I hope some other lawyer or lawyers answer you too, so that you can consider the all of the lawyers' responses to your question in trying to get a definitive answer to your question. Best of luck to you and your step-son!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA