Legal Question in Criminal Law in New Jersey

Theft of Money from Bank via ATM

I believe my son has stolen $1000. from my bank account via an ATM card. He stole the card from my purse at night while I slept and returned it so that I had it during the day. I'm having the bank investigate and the pictures are forthcoming 1) Can I have my son arrested for this crime ?(he's over 18) 2) Will he go to jail? 3) Because this is a bank, if there any federal implications? 4) Can I have him removed from my house?


Asked on 4/03/98, 4:20 pm

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Son and ATM money

1) It is possible that your son may be arrested for this crime. Merely being arrested does not mean he will be convicted. 2) He might go to jail. This depends on many factors only one of which is his prior record, if any. 3) There probably won't be any federal ramifications, but don't rule that out. 4) You probably can get him removed from your home. Contact local law enforcement for their suggestions. If there has been violence, or in some states even threats of violence, a temporary restraining order can be obtained which would enable law enforcement to help you remove him. When contacting local law enforcement, ask them about obtaining a temporary restraining order or order of protection. Good Luck!

If we have not met face to face and agreed to my representation of you in a written agreement signed by both you and I, then I am not your lawyer. Any comments made here are not legal advice but presented in the spirit of this bulletin board as general information only.

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Answered on 4/17/98, 11:38 am


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