What to do if my boyfriend gave me his checking account number to pay my bill online but now he has changed his mind and wants to press charges for fraud?

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What to do if my boyfriend gave me his checking account number to pay my bill online but now he has changed his mind and wants to press charges for fraud?

I’ve already used the account.

Asked on January 16, 2013 under Criminal Law, Michigan

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Consent is always a defense to the offense of unauthorized use of account information.  That doesn't mean that you won't get charged if he decides to be difficult about it-- but it does mean that you will have a defense to prosecution.  If a detective or officer decides to call you and wants to visit with them about the charges, you can explain his consent in your statement to them.  However, it would be better if you could get an attorney to go with you to make sure that they don't trick you into saying something that will be taken out of context later.  There are some good cops out there-- but there are also some back ones that don't care about the truth.  Until you know exactly which kind you are dealing with, take representation with you.

Another option is to pay him back as soon as possible.  Usually the re-payment of funds tends to reduce a complainant's motivation to go forward with charges.  You may have to take out a small credit card loan to do this-- but it will be cheaper than going to court to defend yourself.  After you pay him back, move on... you don't need to risk another incident like this again.  If he'll flake on you one, he'll do it again-- and you may not be as lucky next time.

 


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