Legal Question in Criminal Law in Michigan

Mother stold money from ex

My rather unintelligent mother stold two grand from her ex. She snuck into his apartment and took it from his ''money stach''. Anyway, she confessed to him (three years later) and he says he wants it all back or he's persuing her legally. My question to you is...how much trouble is she going to get into? He lives in MI and she's paid him back 400 so far. Also, she wants us to front her the money to pay him back...my hubby is in the military, can we get in trouble for helping her? Not that we would!


Asked on 3/06/08, 4:07 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Mother stold money from ex

She could be charged with Larceny Over $1,000 or Larceny In a Building (either of which is a felony).

Whether she WILL be charged is still a question due to the delay in the case coming before a prosecutor to issue it, and the fact that the confession was made to an interested party. Did the "ex-" report this theft to the police 3 years ago (and it remained an unsolved case), and then the victim just told police about the recent confession? Or did he go to the police recently about a 3-year old case and tell the police "my ex-wife confessed to me"? The first situation would sit better with a prosecutor than the second. But either situation raises inherent questions about the confession: was the "ex-" the only one who heard this confession? Was it recorded? Etc. If she doesn't repeat the confession to others (especially the police), then it's a "he said / she said" situation if in court she says "no, I never confessed to him".

If she has not spoken to police yet, she should consult with a criminal defense attorney before she does so.

Whether or not she's been paying the "ex-" some money will not be admissible under our rules of evidence. Offers of settlement are inadmissible to prove culpability.

Likewise, if you help your mother pay it back quickly by lending the money to her, you will not become an accomplice. You will not be charged for helping her pay back what was (allegedly) stolen.

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Answered on 3/06/08, 7:54 am
William Morrison Action Defense Center

Re: Mother stold money from ex

I'd be amazed if any prosecutor in Michigan would authorize a warrant for his compliant.

No, you wouldn't get into any trouble if you loaned her the money.

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Answered on 3/06/08, 11:03 am


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