Legal Question in Criminal Law in Texas

In 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?


Asked on 8/15/09, 6:14 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

1. It is a defense to the first use but not to the subsequent uses.

2. Same as 1

3. You would have to make restitution anyway. Much better that you do it now.

To prove that your employer gave you permission to use his card, you will need to produce him or something in writing from him. Since he reported his card lost or stolen, he may not be willing to provide such a statement.

My suggestion is that you make restitution and have him make a statement that he did give you permission to use the card after which you returned it to him. Perhaps the DA will see this as a civil matter and dismiss the charges.

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Answered on 8/15/09, 10:57 am


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