Fraud, Embezzlement, Bad Checks Theft by Deception with a criminal background

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CJ2013CM

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My sister's husband was recently convicted of theft by deception to a person and her atm card. The women wrote a statement stating he did not know that he was stealing money he was just getting money out for her. She even stated that she gave him her pin. She then wrote 5 other statements telling total different stories. Another man was convicted for the same charge on her and his charges were dropped. My sister's husband is facing 9-15 months. I was wondering if it was because of his previous convictions.
 
More likely it has to do with different circumstances and evidence.
If he was withdrawing money under circumstances a reasonable person would/should have known something was fishy they can make the charge stick.
If it is not too late, the best thing he can do is keep quiet and speak only to an attorney.
 
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