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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23152
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was allowing the brother of a friend of mine live at my house

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I was allowing the brother of a friend of mine live at my house because he a very little money. A short time after he came to my house, for no apparent reason, he spit in my face. He then proceeded to start punching me. I was in shock!! He was scheduled to go to jail for a year because he incurred too many D.w.I's. I also discovered that he had stolen over 10,000. from my bank using my debit card. My bank told me that I have to press charges against him. Can I get any of my money back? Please advise, Vivian

I'm a New York State criminal attorney.

If you were to press charges against him, you could rely on the prosecutor to assist you in getting your money back from the victim. This offense would be a fellony. With a theft offense, any plea bargain or conviction would automatically require him to make restitution to you.
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Customer: replied 3 years ago.

being as my money must be in one of several bank accounts that he has, would the bank be able to return it to me?


If you reported the unauthorized withdrawal of your funds within 60 days of the incident, the bank should reimburse you for your loss. After the 60 day period is over, they do not have to make good on this. Here's what the government says about this. (See link)


This is, of course, another reason to report the theft to your police as if the bank reimburses you, they will want to collect from the defendant.

Customer: replied 3 years ago.

i am not sure of the amount of time being I was not aware he was doing this. I want him in jail for this and for punching me .


All of that gets done when you go to the police, report the theft and the assault, tell them that you want to press charges and ask for a protective order so that he cannot hurt you again.

Don't do this over the phone. Go to the police and report it in person.