Legal Question in Criminal Law in Maryland
My son and his girlfriend recently broke up. While they were together, she would frequently give him her debit card and PIN for him to withdrawl money from her checking account. Now she is accusing him of stealing from her. Is this a valid complaint even though she freely gave him the card and PIN?
3 Answers from Attorneys
Valid (chargeable) and provable are two different things. Unfortunately, it does not take much to file charges in the State of Maryland. Based on what you have written, there MAY be a defense to potential charges. That said, it is still theoretically possible for the State to prove your son guilty of some charge. You should contact an experienced attorney to discuss your case.
Ultimately, you son will need evidence that he had permission on the occasions when he has been accused of stealing. While this will probably boil down to "he said she said," he should prepare and the sooner the better.
It may be. He needs to get a lawyer immediately and DON'T TALK TO THE POLICE. Barring actual proof at this late time (I assume it's been awhile since the ATM transactions occurred), the only evidence the State may have is his admission, if he talks to the police.
Related Questions & Answers
-
Can i get a 1st and 4th degree burglary and escaped sealed from public record in md Asked 7/08/10, 6:02 am in United States Maryland Criminal Law
-
I was pulled over about a month ago and was searched illegally by the police and... Asked 7/01/10, 6:16 am in United States Maryland Criminal Law