If a friend used debit card to withdraw $200 without consent and the friend confessed and case was closed, can the victim reopen the case and arrest her?

My friend used another friends debit card to buy cigarettes for the friend using the pin, and took $200 out without consent. Her friend filed a police report and a report with the bank. My best friend admitted it to her, then confessed to the police. They called the friend and asked her if she’d like her arrested and said no, and they closed the case and told my friend to pay the money back and apologize. The next day, the friend became spiteful at my friend and said the bank will be contacting her. Can she reopen the case to have her arrested? Can the bank investigate with the report closed?

Asked on August 1, 2012 under Criminal Law, New York


Richard Southard / Law Office of Richard Southard

Answered 8 years ago | Contributor

The police have up to the end of the Statute of Limitations to make an arrrest.  In New York, this is two years on misdemeanor charges and five years on a felony in New York.  Just because they didnt initially make an arrest, they still have plenty of time in which to do so.

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