Legal Question in Criminal Law in Tennessee
Daughter’s roommate gave permission to use his bank and credit cards. She charged other stuff without his permission. He reported about 800.00 in fraudulent charges. She made about 7500.00 in charges without permission. And he gave her permission to charge about 10,000.00 to 12,000.00. Now he wants it all paid back. He reported the 800.00 to bank and cc companies. He said if she agrees in writing to pay it back, he will not press charges. But the companies can still press charges. I want to help my daughter and want her to do right by her roommate. Please advise
1 Answer from Attorneys
The issue is PROVING that:
1 - She had his permission to use his cards at all.
2 - If she did have permission to use his cards, she exceeded that authority.
In any event:
- It's not up to him to "press" or "not press" charges, that is up to the district attorney in the judicial district involved.
- My experience:
- If she admits unauthorized expenditures, the DA will prosecute. The only argument is over the amount of unauthorized expenditures. (The amount yields an offense classification or misdemeanor or felony, and if felony, the felony classification).
- If she denies any unauthorized expenditures, and he admits "I told her she could charge this, but she charged that" most DA's will consider the matter a civil action and refuse to prosecute. In other words, the case turns into "so sue me" and the parties will take it up in civil court.
At the risk of stating the obvious, these kinds of cases are very "fact specific," meaning: what are the nature of the credit card charges, when did he learn of the "unauthorized" charges, what texts/e-mails/etc. were exchanged between the parties, how did she get his PIN number, how long did his go on, what was charged, did he benefit, did he "ratify" any unauthorized charges ("OK baby, it's cool, just don't do it again").
Bottom line: As has probably been said in many prior posts:
- admit nothing.
- seek legal counsel from an attorney from the area involved.
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