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Defenses?

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thehighwayman66

Junior Member
What is the name of your state (only U.S. law)? Texas
My employer sent me to do a carpet cleaning job. He gave me his debit card with the PIN number written on it. He gave me permission to withdraw a sum of money with the card as my payment once I had completed the job. I did the job and withdrew the agreed upon sum. Unfortunately, I chose to get high on the money. I then used the card several more times at the ATM terminal and was videotaped and identified by the police. I returned the card to my employer and he's aware of the entire story. Since he needed the money back in his account, he notified the bank that he had lost his card and filed a police report saying the same thing. The police arrested me on a charge of credit/debit card abuse. My employer bonded me out.
1) Is the fact that he gave me permission to use the card initially a possible defense to the charges?
2) Is the fact that he wasn't honest on the police report a possible defense to the charges?
3)Should I offer to make restitution to the bank to possibly get the charges reduced to a misdemeanor?
 


The Occultist

Senior Member
1) Is the fact that he gave me permission to use the card initially a possible defense to the charges?
No.

2) Is the fact that he wasn't honest on the police report a possible defense to the charges?
He can face charges for falsifying a police report, but now, this won't magically get you out of trouble for committing your crime.


3)Should I offer to make restitution to the bank to possibly get the charges reduced to a misdemeanor?
What you should do is get a lawyer.
 

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