QUESTION
Am I criminally liable for the fraud committed by another person?
Asked on Oct 17th, 2011 on Criminal Law - Texas
More details to this question:
I am a minor who was involved with an older man. Things turned sour and we broke off our contact. However, he committed debit and credit card fraud on items that he bought for me. Now I am being contracted by law enforcement. What should I do?
23 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No.
Answered on Jun 07th, 2013 at 12:08 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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No.
Answered on Jun 03rd, 2013 at 12:36 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If your parents are not aware of the situation, tell them. You need a lawyer. It may be only that they want to recover the items and make you a witness against him. But, it may be that you are being implicated in committing the offenses with him. Lawyer up.
Answered on Oct 24th, 2011 at 12:50 PM
You should not talk to anyone in law enforcement without speaking first to an experienced criminal defense attorney.
Answered on Oct 21st, 2011 at 10:09 PM
2 Awards
You did not do anything wrong unless you knew you were accepting stolen goods or goods obtained through illegal acts.
Answered on Oct 21st, 2011 at 3:52 PM
Michael J. Breczinski
Get a lawyer to go with you to any questioning if you decide to talk to the police and tell the lawyer all the details. The attorney then can advise you. If you did not know that he was committing crimes in getting the items then you are innocent but if you knew that is another matter.
Answered on Oct 21st, 2011 at 12:36 AM
You should seek the advise of an attorney before you speak with the police. You are not responsible for the criminal acts of another unless you were aiding him. Likewise, you cannot obtain good title to property from a thief.
Answered on Oct 20th, 2011 at 6:24 PM
2 Awards
Contact a lawyer, you could be in trouble.
Answered on Oct 20th, 2011 at 4:43 PM
3 Awards
If you knew he was stealing to give you these things, you can be charged. If you had no idea that any theft or fraud was going on until now, it is difficult to say you are a criminal. But - cops like to threaten and sometime charge in these situations. You do not have to talk with them at all. You are allowed to have an attorney. I would tell them to pound sand.
Answered on Oct 20th, 2011 at 4:37 PM
3 Awards
You'll be good. Being a minor and an adult, he will be responsible. Also, as long as you didn't partake, you should be all good.
Answered on Oct 20th, 2011 at 3:40 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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As a minor, your liability may be non-existent OR you could be equally liable. It depends upon how much you were involved in the crimes and your knowledge of the crimes. It also depends upon your age. You say you are a minor: if you are close to the age of 18 (16-17 etc), you could be charged as an adult. It just depends upon the extent of the fraud and more facts than you have presented. My advice: retain the services of an attorney before you speak to police/investigators
Answered on Oct 20th, 2011 at 2:25 PM
Samuel H. Harrison
No, you aren't liable. Whether or not you talk to the police is up to you.
Answered on Oct 20th, 2011 at 1:53 PM
William C. Gosnell
You are not criminally liable for the fraud of others as long as you did not aid and abed this other person. But of course you must return the goods that are not paid for or you could be indicted.
Answered on Oct 20th, 2011 at 1:49 PM
Generally you should not talk to police, unless it is advised by a good lawyer. You could culpable under a complicity theory or under a theory of receipt of stolen property.
Answered on Oct 20th, 2011 at 1:39 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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If they can't establish that you KNEW the stuff he bought for you was on a hot credit card they cannot prosecute you SUCCESSFULLY - but they may well try. You need a lawyer to deal with this. Meanwhile, DO NOT speak with the cops. Get a lawyer and let him/her deal with the cops.
Answered on Oct 20th, 2011 at 1:36 PM
Family Law Attorney serving El Cajon, CA
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Law Offices of Sheryl S. Graf
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You could potentially be held accountable for the crimes of another as an aide and abettor, a co-conspirator, or an accessory after the fact. Generally, there is nothing that you can say that will help your situation. If you are contacted by law enforcement, the mantra should be: "On advice of counsel, I'm not making any statements." Anything you say may be taken out of context, and used against you to the prosecution's best advantage. My advice: say nothing.
Answered on Oct 20th, 2011 at 1:33 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You should not be held responsible for purchases you did not authorize or participate in. They may just want to talk with you regarding the case as being a witness. You can always bring a lawyer or another adult with you to talk with the police if it makes you feel better. Keep in mind you don't have to talk to the police. But unless you've somehow been involved in something wrong, they probably just want to talk to see what you can tell them.
Answered on Oct 20th, 2011 at 1:29 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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You should hire a lawyer to see if you can only be charged at worst with Receiving Stolen Property (if you knew the items' provenance) and perhaps cooperate to get probation at worst.
Answered on Oct 20th, 2011 at 1:22 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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I would recommend consulting with and potentially hiring an attorney to assist you in this matter pre-filing just in case they are looking to press charges against you, potentially as an accomplice.
Answered on Oct 20th, 2011 at 1:03 PM
Exercise your right to remain silent. Do not speak to anyone other than your lawyer.
Answered on Oct 20th, 2011 at 12:52 PM
You are not criminally responsible for the crimes of another if you did not further the commission of the crime. If you knew or should have known that the thefts were taking place you may be held responsible. You may be charged with receiving stolen goods if you knew that the items were stolen. If you are under 18 at the time that this all happened and you meet any of the requirements above then you may have to appear in juvenile court.
Answered on Oct 20th, 2011 at 12:50 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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It is impossible to know all based on facts presented. I would strongly urge you to say nothing to police as you could be implicated in a charge of receiving stolen property. It is always safe to say nothing very politely. Call back and say I have nothing to say.
Answered on Oct 20th, 2011 at 12:15 PM
Assault Attorney serving Richardson, TX
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Your risk is minimal if you were not involved and were unaware of the illegal acts but you may be required to return the items. Call an attorney to discuss the matter and to make the contact with the law enforcement personnel.
Answered on Oct 20th, 2011 at 12:25 AM