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J D Haas
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience:  23 years as a trial lawyer with experience in criminal law.
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Multi-Part Question including card fraud and solicitation

Resolved Question:

Hello. I have a multi-part question regarding ATM card fraud, possible solicitation and cell phone evidence. I am located in New York City. Thank you for any help.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  J D Haas replied 6 years ago.
What are your questions?
Customer: replied 6 years ago.
Well let me explain what happened-I was offered a ride home by two women (I was uptown far away from my apartment). They were in a nice sedan. We had a fun drive, perfectly normal. They were flirtatious, we had a nice chat, etc. We parked by my apartment and I used an ATM next door to get some money as I was going to leave my super his holiday bonus in the morning and I had a feeling the women would want some money and were not just being nice (I was suspicious). I explicitly told them a number of times that I did not know why they were being so nice to me but I would not pay for sex under any circumstances if that was what they wanted. We went to my apartment and had drinks. And more drinks. I was having fun. They asked for some money to hang out longer, which being sad and lonely, I gave them. At one point I began kissing and more (one of the woman) while the other used her cellphone, drank more. We hung out in my bedroom area for a while and went back downstairs. The two women began to act strange, I thought, and I asked them to leave or I would call the police. We fought over my phone. They took off and I looked around to see what was missing-my credit cards and ATM card. The other woman must have grabbed them out of my jacket pocket. I pursued them but they drove off. I called the police and a policeman came by and told me to just cancel my cards and not bother with a report. I gave him the license plate number and he said the car was unregistered or I was incorrect about the plate info. While I was speaking to the police, the women took out a large sum of money ($2300) from multiple ATM machines (they must have memorized my PIN when I used it previously). I am now dealing with the fraud team from my card company who need a police report to continue. I began telling my story to a policeman at the station and he warned me I was opening "pandora's box" and that there would be a big investigation and the women would be caught and would accuse me of wrongdoing and I could be in trouble so it might be better for me to just forget about the money. My only concern is that it is possible one of the women was filming me on her cellphone camera at various times to make me look like I was...I don't know what..but she might have filmed me making out with the other woman. So I am wondering if I could get in trouble for solicitation. I don't think so, but it is possible that one of the ATM cameras captured me giving some money to one of the women (gas money). I was under the impression that paying someone to hang out is ok and "whatever happens, happens". But this would only be an issue if the women were actually caught. Will they be? I could just not mention the sexual aspect to the evening. Also, what if I were to drop the charges in a few weeks? Would that end the case? I just need a report so I can get my money back from my card company. I am not trying to defraud anyone. I was the victim of a crime. I just don't want to incriminate myself at the same time. Though I am not sure if I did anything wrong. Sorry this is so long.
Expert:  J D Haas replied 6 years ago.
Under the facts that you have given you are not guilty of a crime. You told the women on more than one occasion that you would not be a participant in prostitution, you did not have the intent to engage in prostitution, and you did not engage in prostitution. You were the victim of fraud and I suggest that you act in such a way as to recover your money and minimize the financial danger to yourself. Good luck.

In the future, you can specifically request that I work with you on your legal question. If you have specifically requested that I answer this question, thank you.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.

J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience: 23 years as a trial lawyer with experience in criminal law.
J D Haas and 5 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Mr. Haas, so if I gave them money to "hang out" and if sexual contact resulted from that, I am ok? Should I just not mention this? And also-what are the actual chances these two women are found by the police?
Expert:  J D Haas replied 6 years ago.
Yes. They did not request money for sex and you did not pay them money for sex. I cannot speculate as to the chances that these women will be found.

In the future, you can specifically request that I work with you on your legal question. If you have specifically requested that I answer this question, thank you.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.

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