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debit card fraud accusations

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aubreymylife

Junior Member
I live in Ohio. the father of my child went to jail for two weeks for domestic violence and felonious assault for fracturing my face and giving me a concussion his mom got him a lawyer and paid all his bonds so he is out now and charges are dropped. I did not go to court. While he was locked up he was receiving one more check from his job which was 428 dollars I had his debit card before the fight and knew his pin because he gave it to me to pay Bill's buy groceries and get things out daughter needed. Which I did I spent all the money by the time he got out. Now that he is out he is wanting his money and saying that he's going to go to all the stores and get surveillance of me using his card and press charges or he wants me to sign a contract saying I'm going to pay him back. I don't think it's fare that I have to pay the money back just because he is mad that he spent two weeks in jail for beating me and now accusing me of theft. What can i do? If I let him press charges on me will I go to jail ? It was 428 dollars on the card total that I spent. I can't prove that he gave me the card all I have is my word. What should I do?
 


OHRoadwarrior

Senior Member
If you cannot prove your innocence, you should give serious thought to paying him back before it becomes a legal issue costing you much, much, more. Might and right are mutually exclusive.
 

justalayman

Senior Member
If you cannot prove your innocence, you should give serious thought to paying him back before it becomes a legal issue costing you much, much, more. Might and right are mutually exclusive.
prove her innocence? seriously?

at best she can argue there was implied permission due to having given her the pin previously. If she was required to give bf notice of using the account previously, even that argument fails.

Additionally one would reasonably infer any permission granted previously would have terminated at the time she reported him for the crimes he committed.


Aubrey, repay him. While you might (and I stress that might very very strongly) have a defensible position, it will cost more than that $428 to be given the opportunity to present it to a court. Just pay the guy and get rid of him.






I live in Ohio. the father of my child went to jail for two weeks for domestic violence and felonious assault for fracturing my face and giving me a concussion his mom got him a lawyer and paid all his bonds so he is out now and charges are dropped.
I don't believe that for a minute. Nobody is walking away scott free from that
 

aubreymylife

Junior Member
I couldn't believe it either but that is what he's telling me. Maybe because I didn't show up for court and I didn't because I was just going to let the court's decide his punishment since it was the state of Ohio against him I was just called in to court as a witness. Now he's out and a good friend told me that his mom got his a lawyer and paid his bail he got out from lack of evidence. And this is his first offence he never been in trouble with the law
 

LdiJ

Senior Member
I couldn't believe it either but that is what he's telling me. Maybe because I didn't show up for court and I didn't because I was just going to let the court's decide his punishment since it was the state of Ohio against him I was just called in to court as a witness. Now he's out and a good friend told me that his mom got his a lawyer and paid his bail he got out from lack of evidence. And this is his first offence he never been in trouble with the law
Are you sure that you understand what is going on? Getting out on bail does not mean that the charges are dismissed. It just means that he is out on bail until trial. Now, if the trial already happened and the charges were actually dismissed then that is one thing, but you are basing what you are thinking based on what he and maybe his friends are telling you and that could be BS.

You have a child with this man and he fractured your face. Why in the WORLD would you not show up for court?
 

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