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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32909
Experience:  Began practicing law in 1992
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My ex is pressing charges on me for fraud in nj. Over a year

Customer Question

My ex is pressing charges on me for fraud in nj. Over a year ago, while we were together, I let her transfer high interest debt to a credit card of mine. She has been making payments every month for the past year. Last month we spoke about making a payment and trasferrring the debt but come due date of payment. She did nothing. Her checking account is linked online to make payments and we both have access to it. I made a payment for her using an app on my phone for $1000 the following day I made another payment for $500 both from her checking account. She had both payments declined from her bank so no payment was taken from her account. Now a month later shes trying to press charges. Wouldn't having her account linked give authorization
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: New Jersey
JA: Has anything been filed or reported?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Legal
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 2 months ago.

No, having her account linked to yours wouldn't automatically give you authorization to use her account. It certainly would be a good argument against a conviction for criminal charges but it isn't an automatic way to avoid the charge.

Have the police or the DA actually filed charges yet? Have you been arrested?

Customer: replied 2 months ago.
No but a detective called me earlier asking about everything. I told him she gave me permission to make a payment but she deleted the conversation that was via instagram
Customer: replied 2 months ago.
He ended the conversation saying he doesn't think much can come of it because it's like we were a married couple but said he'll see what she wants to do
Expert:  Dwayne B. replied 2 months ago.

You really shouldn't give any more statements to the police without a lawyer present and representing you. It very rarely helps and almost always hurts your chances.

You probably need to start looking for a lawyer to assist you. The lawyer may be able to contact the police at this point and provide them additional evidence to convince them not to pursue the charges. You can find a lawyer by going to www.lawyers.com and in the section for Area of Practice enter Criminal Law.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 2 months ago.
Well is there even a case here and what would this be under?
Expert:  Dwayne B. replied 2 months ago.

It could be charged in several different ways. I don't think fraud is the one that applies under the facts you've given but if they change the facts slightly it is possible. It could also be just plain theft, it could be wrongful impersonation (identity theft), potentially wire fraud since it was done online, etc.

Most crimes can be charged in a multitude of ways depending on the exact facts that the DA pleads.

There is definitely enough to get an indictment because a DA can get an indictment on almost anybody. They are the only ones that get to offer evidence to the grand jury, the evidence they offer doesn't have to be admissible in a regular court, and they can use whatever evidence they want to use.