If someone gives your their pin number on their card and asks you to buy something for them can they come back and have you arrested

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If someone gives your their pin number on their card and asks you to buy something for them can they come back and have you arrested

My boyfriend has repeatedly over the past few months been asked to go and buy her
things on her debit card. She has given him her pin number and now she has filed
a police report and he has been arrested. What can be done to show she is lying?

Asked on February 25, 2016 under Criminal Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Best evidence for your boyfriend would likely be something in writing from the other person authorizing him to make those purchases. It would also be powerful evidence if any items for which there is a receipt for purchases made on the debit card are in the other person's home, since if he has them, that strongly suggests or shows that they were puchased for him.
In the abscence of that, it will down to--
1) Who is more credible as a witness, your boyfriend or this other person, and/oe who has more credible witnesses on his side.
2) Circumstances supporting your boyfriend boyfriend's story, such as if this has been going on so long, it's not reasonable that the person didn't notice until now, which implies that if he knew about card usage earlier but didn't call the police, it was authorized.
It would be bad for your boyfriend if items purchased on the card are found in his home.
 
 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Best evidence for your boyfriend would likely be something in writing from the other person authorizing him to make those purchases. It would also be powerful evidence if any items for which there is a receipt for purchases made on the debit card are in the other person's home, since if he has them, that strongly suggests or shows that they were puchased for him.
In the abscence of that, it will down to--
1) Who is more credible as a witness, your boyfriend or this other person, and/oe who has more credible witnesses on his side.
2) Circumstances supporting your boyfriend boyfriend's story, such as if this has been going on so long, it's not reasonable that the person didn't notice until now, which implies that if he knew about card usage earlier but didn't call the police, it was authorized.
It would be bad for your boyfriend if items purchased on the card are found in his home.
 
 


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