Q: Can I be arrested or go to jail for using a debit card of my ex-lover for bills, even though he gave me permission to use it? My married ex-lover gave me his debit card to use to pay my car payment in November. He told me to keep the numbers handy in case I ever came upon any emergencies. He’s my ex, but we remained great friends. Well I lost my job, and I used his debit card to pay my rent, my car, and my phone bill. Now, he’s playing the jerk card and telling me I have to pay him the $2000 by tomorrow. What am I suppose to do? Can I go to jail? Can I be arrested? I don’t have the money to pay him back, and he gave me permission to use his card in the event of an emergency. (West Homestead, PA)
A: This sort of situation arises to a crime if you knew or should have known that you were not to continue using his cards and therefore not permitted or privileged to do so. If he tells that police that you knew, or should have known, you were not so permitted or privileged, you may be arrested for theft, access card offenses, etc. If in fact, you did not know, or should not have known, you may have a defense in what would be, a his word, against her word, trial. The danger is, is that it does not take much to be arrested. If you are, you will probably have a low bond. Do not make statements to the police and get a lawyer right away.