theft thru atm machine

[dykesj]

What is the name of your state?What is the name of your state?NJ my son age 25 stole his girlfriends mac card and withdrew $100 from the atm. she has reported this to the police. what will he be charged with and is this federal since it was a banking account. please help.

[CdwJava]

Originally Posted by dykesj

What is the name of your state?What is the name of your state?NJ my son age 25 stole his girlfriends mac card and withdrew $100 from the atm. she has reported this to the police. what will he be charged with and is this federal since it was a banking account. please help.

I'm not too familiar with the specific of state law in New Jersey, but if it were California he'd be facing at least two felonies (burglary and fraudulent use of an access card). I imagine NJ has similar statutes.

However, the questions that will be key are going to be:

(1) How did he get the card?

and,

(2) How did he get the PIN?

Depending on the answers to these two questions, this MAY be seen as a civil matter and not criminal.

- Carl