Question

  09/13/13, 9:09 pm
Hello, I have a question about a legal scenario. A friend of mine is turning himself in for stealing bank account funds. The money was stolen via PayPal, now in order to transfer the money to his PayPal account he made an account in the cardholder's son's name, and then transferred it to his account. He only did this to not have a conflict of names with the credit card company preventing the transfers otherwise he would have put it on his own. The money was transferred from the credit card on the created account to his own which he then used to purchase items. The total amount is roughly 5000 dollars. Now he is a first time offender, an exemplary student in the top 10% of his class, and only 17. What would be the most likely punishment in this scenario? And would the creation of the account constitute identity theft? He is also going to be questioned by the police, do you think the judge will go easy on him? He is incredibly smart, though misguided. He said the reasons why he did this was to avoid stress that was leading him to potentially commit suicide. He also said that he felt that this was a better alternative to drugs and alcohol as those are a danger to his health and he never wanted to hurt himself unless it meant taking his own life. What would the sentencing most likely be?
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United States   |   Pennsylvania  |  Criminal Law
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Answer

Jason Dunkle Says:

Sep 14,2013 3:40 PM

The charges that are filed and the ultimate resolution can sometimes be softened if you talk to the DA and or the police. My first recommendation is that the juvenile gets an experienced criminal defense lawyer. I had had cases similar to this in which I talked to the officer during the investigation, and the officer was willing to be more lenient in charging my client if my client cooperated with the investigation. However, I have had other cases in which I didn't feel that the officer would give my client any consideration for cooperation, so I did not have my client make any statements. If the juvenile just walks in and admits to everything, the officer can simply use those admissions to have a great case, file every possible charge, and push for a severe sentence. A experienced lawyer will probably know the officer, know the officer's tendencies, and thereby know whether the officer is someone that will assist in resolving the case. There are also steps that should be taken to substantiate the juvenile's justification for the activity. Felony theft-related charges are very severe. Most criminal defense attorneys offer free consults, and you want to talk to an experienced lawyer in that area and he/she will know how officers, prosecutors, and judges in that area handle these types of cases.

The responses provided on this site are intended for informational purposes only and should not be construed as providing legal advice regarding an individual situation. No attorney-client relationship is created between the reader and JD Law, P.C.


Jason Dunkle
JD Law, P.C.
204 East Calder Way, Suite 306,State College, PA 16801
814-954-9622
http://www.mystatecollegelawyer.com

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