Legal Question in Criminal Law in California

What is the minimum sentence for someone who took another persons credit card without consent and made multipule purchases with it


Asked on 8/04/14, 6:47 pm

3 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

After handling cases like yours for almost 30 years and as aa Former Deputy District Attorney, I can only tell you, with the limited information you provide, that it's a Felony and you really should retain an experienced attorney. The DA will charge 1 felony theft of credit card and several counts of Burglary and several counts of theft, from each location.

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Answered on 8/04/14, 9:51 pm
Anthony Roach Law Office of Anthony A. Roach

The sentence is going to depend on the actual charges.

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Answered on 8/05/14, 6:14 am
Terry A. Nelson Nelson & Lawless

There is no minimum, only maximums. What actually happens will be the product of a plea bargain of a jury sentencing. If charged as misdemeanors [unlikely] you face up to a year in jail on each count, each purchase. As a felony, one or more years in prison on each. You�ll learn the actual charge[s] filed and any enhancements, priors, or violations alleged, and get copies of all the police reports and prosecutors� evidence when appearing for arraignment at the first court hearing.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you or suppressed, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential �time�, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will defend you, try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 8/06/14, 1:04 pm


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