Can my boyfriend be prosecuted for using his mother’s credit card if she gave him verbal authorization but now denies it?

It has been 1 1/2 years and now she has reported that he got the card in her name without her knowledge and that she did not give him permission to use it. We can prove she was the one who opened it as we are in contact with the store manager who ran her application. However can he still be prosecuted for using the card even though she gave him verbal authorization?

Asked on July 10, 2014 under Criminal Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

He can prosecuted if the authorities (e.g. the prosecutor) believe your mother, that she never gave him permission. In order to convict him, it would have to be proven to a jury beyond a reasonable doubt that he did not have permission or authority; on the other hand, if the jury believes you, your boyfriend, and another witnesses (e.g. the store manager), he would likely not be convicted.

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