Legal Question in Criminal Law in Ohio

I was living with a man for 13 years and he recently became disabled in October of last year. I lost my job trying to take care of him. He filed for SSI and he advised me and the lady from SSI to have his checks deposited into my account. He received two checks in April and May. I left him in the middle of May due to family issues with his family. I had his checks stopped from coming into my account.

I have a police detective talking to me now because his family is pressing charges against me for stealing those two checks that were deposited while I was still living with him and taking care of him.

What rights do I have and what can happen?

Thanks

Susie Schmus


Asked on 5/26/11, 8:56 am

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Typically, when a person on SSI has checks deposited into someone else's account that person has been designated as a "representative payee" by the person who receives SSI. Assuming that is what happened here, it was proper for the money to go into your account. The money should have been used for the benefit of the SSI recipient, and if that is what happened then no crime has occurred.

If the money was used for other purposes, then a theft offense might have occurred. Your question did not say how much money is involved. If the amount is over $500.00, the charge could be a felony offense.

I would recommend that you retain the services of an experienced criminal defense attorney before you talk to the police.

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Answered on 5/31/11, 8:11 am


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