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Law Pro
Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 24869
Experience:  20 years trial experience in defense of criminal cases
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Hello, A friend and I were leaving a bar after a night of

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A friend and I were leaving a bar after a night of drinking and passed someone who said they had pot. My friend chatted with them and picked up a small amount in a nearby alley while I pulled out some money. He came back and I strolled to the alley as well to pick some up but realized i didnt pull out enough so went back and pulled out more with the person we met standing behind me. I returned to the alley and found for $100 i could get blow instead so I picked up that instead and hopped in a cab with my friend. The next morning I found he must have pickpocketted my atm card or i dropped it or left it in the machine while trying to pull out money and he (or someone) used it for a big spending spree around town. I stopped my card and they advised me to call tomorrow to report the fraud once the charges post. I really want to report it but I also worry that if they see him standing behind me talking on a camera while doing the investigation or walking to an alley that they won't believe I was a victim or they will try to find out if I was buying something.

Any advice is appreciated - thanks.
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So you did use the ATM to withdraw money from your bank - correct?

Do you have any idea how much is not missing from your bank account that you didn't withdraw?
Customer: replied 3 years ago.

I did use my atm card yes twice before losing it. I had about 2000 in the account at that point and now my balance is negative 850

So you don't know or remember what or how much you withdrew that night?
Customer: replied 3 years ago.

I withdrew 80 and 40 before losing it

Do you think that he was in a position to learn your PIN from where they were standing during your withdrawals from the ATM?
Customer: replied 3 years ago.

yes...he also had a friend not far but I suspect he was watching me type while standing behind me. I remember I had to retype it in too since I originally hit cancel by mistake when it asked if i wanted to pay the atm fee. He also grabbed the receipt that was still there from i assume might have been my first transaction and crumpled it in his hands before i went to grab more $

I would file a police complaint in the matter and they can get a copy of the video concerning the withdrawals from that ATM or anywhere else your ATM card was used.

Clearly, although you had "business" with them - that doesn't allow them to use your ATM card without your permission. Their use of your ATM card amounts to theft.

Too, any "business" you had would not show up on the surveillance cameras unless it was done directly in from of the ATM window.

So, I would immediately file a police report as to what you think may have happened.

You can double check as to how the monies were withdrawn from you account - if a ATM was used or not.

If an ATM was used - file a police report.

If you're concerned about a possible charge for drugs - that can't be done because they don't have the drugs to test.

If you have any further questions, please feel free to let me know…

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