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My Brother lives in NJ with my parents. Over the past three

My Brother lives in NJ...
My Brother lives in NJ with my parents. Over the past three years, my Mother has developed Cancer and the chemo and treatments have taken her mind from her. We have recently had my Father tkae "power of attorney". In the meantime, my Brother, unemployed, partier, lazy, and con man tricked my mother into giving him her debit card and motored through 10,000.00 of my parents retirement money on booze, drugs and probaly woman. There is definitely a history of my mother giving money to my Brother but that was when she was healthy in her mind. My B rother is 38, has not worked steady in 10 years and lives in the basement. He has been in trouble before, in fact I bailed him out once for possesion. My Father filed a claim withg the bank, got his money back, and signed to prosecute whomever they catch for stealing the money. My Brothers signatures and pictures are all over the ATM and bank records.

My question is, what are the implications of his actions, how long will he go to jail for and is their concern that he can say "she gave me the card"
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Answered in 18 minutes by:
2/1/2011
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,208
Experience: Experienced in multiple areas of the law.
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Good afternoon, thank you for your question.

 

This would likely be charged as theft in the third degree (theft valued between $500-$75,000). The maximum penalty is up to 5 years in state prison. There is no way to predict what his sentence will ultimately be, however. There is no minimum mandatory sentence, instead, it depends on a number of factors, such as his past criminal record, the harm to the victim (I'm glad to hear your father was able to get the bank to return the funds), whether he cooperates with the police, if he makes restitution to the bank, etc. Do I think he would do time if convicted? Yes, I'd think at least a year to 18 months, followed by probation. Ultimately, of course, the sentence would be up to the judge.

 

As to your brother raising the defense that your mother gave him the card, I think it's probable. However, I think it will be easy to show that the treatments and medications your mother has had to take have affected her mentally and that she is not always able to think clearly or understand what she is doing.

 

Please let me know if I have not fully addressed your concerns.


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