Legal Question in Criminal Law in New York

Re: theft of money

If the police do not wish to prosecute, then you can still (and I recommend that you do so) file a complaint at the local precinct.

Perhaps if you explain to the police officer that you will need his assistance as a witness to the mother-in-law's statement in a civil case he will be more likely to charge her with 'petty larceny'.

There are 3 reasons why the officer is reluctant:

1) this is a family dispute with no violence and

2) a convictionfor larcenty would require the mother-in-law to know it was your money and not her daughter's she was taking.

3) this is not the type of case that is worth 20,000 dollars of taxpayer money to prosecute.

But, you still have a civil case here whether or not she knew it was your money. The fact that she obtained possession of the money and benefitted from the money is enough to win the civil case. Civil court, small claims is the right court. They have late hours for you to file.

Good luck.

Re: theft of money

Answer: Police are incorrect. Cohabitation does not amount to commingling of assets. My answer might be different if boy and girl had joint banking accounts. Otherwise, despite the assumed sexual relationship, boy and girl are roommates. New York does not recognize common law marriage.

Re: theft of money

I read Mr. Weicker's answer as well. He is probably right, but I think it would depend on all the facts. If this is not much money, forget it.