Legal Question in Criminal Law in California

credit fraud caught

well ok the cops came and talked to me and showed me the pictures of me using the card , so i fessed up . can you tell me what i can do? cops told me that they will send me a notice to appear in court in a couple of months , they told me it might be 4 counts of burglaries which is , going into her room and taking her credit card , using it at fed ex kinkos and twice at cvs , so thats four counts of burglaries so that means 4 felonys. what i dont get is that i spent only 210$ and they are charging me with 4 felonys , i dont know what to do. i just want to get my life togather please help me.

and i already have a bad history of grand theft auto and another credit fraud , but i am now off probation and now this happens . i need help


Asked on 2/28/09, 4:28 am

4 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: credit fraud caught

Well, you've already confessed, so legal help now involves minimizing the damage you've caused yourself. There MAY be defenses and motions available to you to keep the confession out, and/or there may be a plea bargain possible, but that depends upon all the facts. which you'll discuss in detail with your attorney. If you have prior 'strikes', you really need to deal properly with the problems you face. If this is in SoCal courts, and if you're serious about getting legal help, feel free to contact me.

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Answered on 3/02/09, 2:09 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: credit fraud caught

I previously emailed you and told you six ways from Sunday what to do if questioned by the police and you went and did exactly the opposite. Why are you here asking for legal advice if you won't heed it? Hope you like state prison, see you in 5 years or so if you're lucky.

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Answered on 2/28/09, 10:29 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: credit fraud caught

The time to get help was before you confessed to the police. There is much less that can be done for you at this point. All I can suggest is that you get a lawyer -- if you can't afford to hire one, get a public defender -- and hope he or she can help minimize your exposure.

Btw, while you may indeed be charged with four felonies, only the first one (entry into the other person's room in order to take the credit card) would be burglary. Using a credit card without authorization violates several different laws, but the law against burglary isn't among them.

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Answered on 2/28/09, 5:30 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: credit fraud caught

Given your prior record, you are in trouble indeed it seems. This means that it is even more necessary for you to get a good lawyer.

Yes, if the cards were stolen from some residence you can be charged with burglary. The burglary evidence would be purely circumstantial, however, and a good lawyer should be able to fight this charge. A good explanation or evidence that you got the card in some other way, would be helpful. You could still be charged with receiving stolen property which would be much better than burglary which is a strike.

Separate felony counts can be based on each separate occasions when the card or cards were used.

Hope this helps in helping you understand your situation better. Feel free to contact my office for additional non-binding consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 2/28/09, 9:52 pm


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