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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.