Legal Question in Criminal Law in New York

What am I guilty of

Recently I made a withdrawal from

a shared bank account between my

mother and me. I did not want her

to know I made this withdrawal

and told her I did not make a

withdrawal when she got the bank

statement. She proceeded to file a

police report. What crimes if any

am I guilty of? And how should I

deal with this situation in the close

future?


Asked on 12/04/08, 1:02 pm

2 Answers from Attorneys

Joseph Potashnik Joseph Potashnik and Associates, PLLC

Re: What am I guilty of

How is this relating to NY? Assuming the account was in NY, this is larceny. The degree depends on the amount taken. If you are approached by police, hire a lawyer.

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Answered on 12/04/08, 1:42 pm
Thomas McAdam Thomas A. McAdam, III, Attorney

Re: What am I guilty of

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:

1. Did you assist your mother in making the false police report?

2. Have you notified the police that the report was filed in error?

You have a legal right to withdraw funds from a joint account, and lying to your mother (while probably not a good idea) is not illegal. Your mother did not intentionally file a false police report, so is not in violation of any law.

Nevertheless, you and your mother may both find yourselves involved more with law enforcement officials than you are comfortable with.

The best course for you to take is to come clean with your mother and have her notify the police that her theft report was filed in error, based upon a misunderstanding.

You are best advised to seek the services of a competent Kentucky attorney. You can get a referral to a criminal law specialist from the Kentucky Association of Criminal Defense Lawyers, at

[email protected] .

Additionally, you can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

[email protected]

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Answered on 12/04/08, 3:22 pm


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