Legal Question in Criminal Law in South Carolina

credit card fraud and divorce

My soon to be ex husband is threatening to charge me with credit card fraud and/or theft of an ATM card he gave me to use when we got married in Feb. 07. I've been told he cant do that by police offficers, but they dont know law. Can he charge me with anything when he gave me the card? I've also always asked permission berfore i ever took any money out of the account. I'm hoping he's just angry and can't do what he's threatening. Please help.


Asked on 7/03/07, 7:02 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: credit card fraud and divorce

Your husband cannot "charge" you with anything. The best he can do is call the police or go to a Magistrate and ask if he can swear out a warrant for your arrest. Since the two of you were married, it is extremely doubtful that any warrant would ever be taken out as it would be considered a civil matter and not criminal. It sounds like the police you spoke with gave you good advise. Although there are no guarantees and the system does fail us from time to time, the chances of a warrant being issued based on what you have told me is so remote I wouldn't give it another thought. Good luck.

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Answered on 7/03/07, 9:06 pm


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