If the perp that stole my money pays me back can I still request the police follow through with the charges.

Get Legal Help Today

 Secured with SHA-256 Encryption

If the perp that stole my money pays me back can I still request the police follow through with the charges.

At an Indian casino I put my voucher $530 into an ATM and a notice came up on the screen that they could not complete my transaction and then a ticket was spit back out. The problem is that the ticket it spit out was for 47 cents not my $530. I immediately turned and asked for a floor supervisor. Security was called. A review of the tapes shows a woman walking up to the same casino ATM after me and inserting her ticket. The machine would not process/cash her ticket either and kicked a ticket back out. It was my voucher for $530. She immediately went to another casino ATM and cashed out my ticket for $530 and left the casino. The casino says that I have to press charges against her because she stole my ticket and my money. I argued that it was their machine malfunction but they refused to do anything. I called the police who reviewed the security tape. They knew her name and address and called her several times that night. No response. They said they needed a warrant to proceed but couldn’t get the warrant until the casino sent the tape. However, the casino didn’t send the tape for 6 weeks. The police sent her a letter saying that she needed to call them and return the money. She finally called 4 days after signing for the letter and said that she found the money voucher, which we know isn’t true. She put her husband on the phone who is a retired cop and he claimed it was

Asked on August 12, 2017 under Criminal Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, if the money is returned, she did not commit any crime: returning it once she knows that it belongs to someone else and that legally you must return it negates criminal intent--she did not intend to steal it from you if she returns it once she's aware that it was legally your money.  Without criminal intent ("mens rea"), there is no crime.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption