Legal Question in Civil Litigation in Pennsylvania
Stolen bank card
My daughter is being blamed for useing a bank atm card without the ownerd consent.My daughter drove the other party to the bank and the video shows my daughter driving to the atm with another party in the car she said it was the girl blameing her and the other girl said it was not her is there a case? the officer brought my daughter in for questioning but did not read her rights does he have to read them just for questioning? if this would happen to go to court who is respondsable for the court cost and what is my daughter looking at This is her first offence this questiong took place on Sept 18, 2006 how long does it take to file the paper work and we still don't know what the charges are. Thanks
2 Answers from Attorneys
Re: Stolen bank card
I agree with the prior reply. You need to get your daughter a good criminal law attorney- NOW!!! She should not speak to anyone until she consults with an attorney. If you cannot locate an experienced attorney, contact my office & we will give you names of appropriate attorneys in your area.
Re: Stolen bank card
You asked what can happen where there is an accusation of fraudulent use of card.
Your daughter really needs and attorney and should not speak to an officer again without one. She may have damaged her case already by speaking without an attorney present to protect her rights.
The good book says the truth shall set you free, but in real life it doesn't always work out that way. The officer has to make a decision based on the information he was provided and what his investigation reveals.
An attorney can help conduct an investigation on the other side. At this point not only is it important to demonstrate that your daughter didn't commit the offense but that there is some motive for the other party to lie.
Hire an attorney and let him/her sort this matter out. Without an attorney the chances of it ending badly are much higher than if you obtain an attorney.
Regards,
Roger Traversa