Legal Question in Criminal Law in California

if a credit was placed on a credit card that was never charged can loss prevention obtain the names on the card, or get a court oder to obtain the name? Also if the employer that it happened to asked the person who placed the charge on the card the person gives the names of the card, are they able to hae police issue a warrent for arrest? Can there be a court order to obtain the names on the card/ Is there a time frame/sttute of limitations to issue an arrest warrent?


Asked on 8/21/09, 8:37 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

I'm having a little bit of trouble following your question. This is my understanding:

You work at a business that accepts credit cards. You issued a credit, or refund, to somebody's credit card, but that person never bought anything from the store. Your employer believes you committed some sort of fraud by issuing a phony refund to a friend.

The credit card company will probably cooperate with the store's loss prevention people to determine who owns the credit card that received the phony refund. If the loss prevention people turn their information over to the police, the credit card company will certainly share that information with the police.

Once the police have completed their investigation, they will turn their information over to the District Attorney, who will determine whether to file charges. if the DA decides to file criminal charges against you, they could either ask a judge to issue an arrest warrant or send you a notice in the mail with a date for you to appear in court.

There are several ways this sort of case could be charged, depending on the amount of the loss and other factors. If the DA decided it was a felony, the statute of limitations would be three years. If it was a misdemeanor, the DA would have to file charges within a year of the loss.

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Answered on 8/22/09, 2:32 am


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