Q: My niece forwarded mail to me to support her online purchases then claimed I stole her card and money. The Law here?
a debit card arrived at my home, she asked me to open and see what card it was and help her purchase items for delivery to her at a hotel. I did this and she then is claiming I stole the card and has been avoiding me to close the communication so she can " go to police" and accuse me of theft as a dramatic way to get attention. She is mentally ill and has been "5150"d multiple times. What is the actual legal liability I may need to know in such an instance if she files a "report"?
A:
Under California law, your actions do not appear to constitute theft or any other crime based on the information provided. Here are a few key legal points to consider:
1. Consent: If your niece asked you to open the mail containing her debit card and make purchases on her behalf, you had her consent to do so. This negates any potential claims of theft or unauthorized use of the card.
2. Intent: For a theft charge to be valid, there must be intent to deprive the owner of their property permanently. Since you were acting on your niece's instructions and delivering the purchased items to her, there doesn't seem to be any criminal intent.
3. False reporting: If your niece files a false police report claiming you stole her card, she could face charges for filing a false report under California Penal Code 148.5 PC.
4. Mental health issues: Your niece's history of mental health problems and involuntary psychiatric holds (5150) may be relevant in assessing the credibility of her allegations.
If your niece does file a police report, you should cooperate with the investigation and provide any evidence you have of your communication with her, such as text messages or emails, that demonstrate her consent and your lack of criminal intent. Consider consulting with a criminal defense attorney to help protect your rights and navigate the legal process if necessary.
It's important to note that while you may not face criminal liability, your niece could potentially pursue a civil case against you. However, given the circumstances you described, it seems unlikely that such a case would be successful.
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