Sun Prairie, WI asked in Criminal Law and Banking for Florida

Q: Can you get criminally charged if you accidentally spent $15 of your ex's card?

My friend had a nasty breakup with this guy. He purchased something on a mobile app without realizing it was on his ex's card. He tried to pay him back via Venmo but was blocked by the ex. He is now threatening to press charges and is going psycho about it.

Is there any chance that he can actually get in any criminal trouble for such a small mistake, which he offered to repay for.

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1 Lawyer Answer
Michael  Mayoral
Michael Mayoral
  • Business Law Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: He can potentially get arrested for theft, but theft is a crime that requires an intent to deprive someone of their property. One defense to theft charges prosecuted in Florida courts is good faith. Good faith is a valid defense if a jury finds that the defendant had an honest, good faith belief that he or she had the right to possess the allegedly stolen property, even a mistaken belief, then he or she is not guilty of theft. He should record and preserve evidence of what you described and hire a criminal defense attorney should he be arrested.

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