Can you be charged with theft for keeping money your spouse voluntarily sent you?

I understand that you might be feeling uncertain about this service. Can you tell me what specific legal issue you're facing?

Have you previously consulted with a lawyer regarding this matter?

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your theft accusation.

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're dealing with a situation regarding a police report filed against you for allegedly stealing money sent via a payment app. Just a note - this conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only. Could you tell me more about any specific concerns you have or steps you've taken so far?

Could you clarify if the money was sent as a gift or for a specific purpose? This will help understand the context of the transaction.

Thanks for explaining. Were there any prior agreements or communications between you and your child's mother about how this money should be used? This could be important in understanding the situation better.

Based on your situation, there are several legal arguments and considerations in your case that could potentially support your position:

1. Consent and Authorization: If the money was sent to you with your child's mother's consent and authorization, it may not constitute theft. The fact that she used her PIN and sent the money herself could indicate that the transaction was authorized. Under the traditional definition of larceny, theft requires a taking without the owner's consent. (15 U.S.C. § 1693o-1)
2. Intent: For a theft charge, there generally needs to be an intent to permanently deprive the owner of their property. If the money was intended for shared expenses related to your children, this could be relevant in understanding your intent. Intent to permanently deprive is a core element of larceny that the prosecution must prove.
3. Evidence of Agreement: While most of your discussions were over the phone, any evidence of an agreement or understanding about the use of the funds, such as the label "kids" on the transaction, could be important.
4. Joint Account Transactions: The presence of these transactions in a joint savings account might also play a role in demonstrating mutual consent or shared financial responsibilities. (12 CFR § 1005.2)

Let me know if you have any questions or clarifications.

Then your risk is minimal. Please let me know if you have further questions.

I cannot give any guarantees as I am no law enforcement in your area but I would be surprised if anything came of it.

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Don't hesitate to reach out whenever you need assistance!