Can my husband file criminal charges against me for using one of his credit cards to purchase items for our sons and household?

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Can my husband file criminal charges against me for using one of his credit cards to purchase items for our sons and household?

I used one of my husband’s credit cards to make purchases for our sons and home use. Because my name is not on the account, my husband is threatening to file criminal charges against me. Since the purchases were made for our home and family and I am paying the debt, can I go to jail for this? We are still living together, and unless he has made arrangements of which I am not aware, divorce is not currently on the table.

Asked on June 17, 2009 under Criminal Law, Arizona

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not an Arizona lawyer, and there is a lot that someone would need to know beyond your question about the facts of this case, to give you reliable advice.  But, it might depend on how this sort of thing had been between the two of you up to that point;  if you had done this before and it hadn't been a problem, your lawyer might, in a court case, be able to argue that you had your husband's permission to use the card, or at least reasonably believed that you had that permission.  Of course, if you're going with facts like that, it matters a great deal whether a judge or jury believes you, or your husband, because I wouldn't think your stories would match up all that well.

And if your husband is threatening you with criminal prosecution for anything, it's time to have a very quiet but urgent consultation with a divorce lawyer, to find out what your rights and your options are, your risks and your opportunities.

One place find lawyers in your area, for whatever area of practice you need, is our website, http://attorneypages.com


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