Legal Question in Criminal Law in California

Telephone Records- Is it enough for a warrant?

I was recently contacted by a Local Police Detective who wanted to ask me ''a few questions''. As it turns out, an ex-boyfriend of mine who had been staying with me, fraudulently applied for, received, and used a couple of credit cards. Both cards were in the same person's name, so I guess this makes it Identity Theft or Fraud.

I had absolutely no idea what he was up to. But since he did this ONLINE, at my house, my phone number was logged and was logged everytime he checked the accounts' balance or status or etc.

Now the only thing in my favor is something that he had ordered to my address he actually picked up at UPS and signed HIS REAL NAME.

So far I have cooperated with and answered the Detective's questions, in hopes of proving my innocence. But since my ex is an ex, and this happened almost a year ago, I don't know where to tell the Detective to find him, thus making me look guilty.

Can I be held accountable and arrested just on those phone logs? Should I continue ''helping'' the police or is it too late?


Asked on 6/27/01, 8:32 am

2 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Telephone Records- Is it enough for a warrant?

Was he ordering feminine or masculine items with the credit card? If he was ordering personal items from Victoria's Secrets, you're in a world of trouble.

He was probably ordering items that clearly identify him. Then the signature at UPS clearly nails it down. I realize that the sophisticated crook wants to protect his constitutional rights. However, with all you've already told the police I think you're at least just as well off continuing to answer their questions. The real problem you face is if the police believe it's both of you. However, it would be very helpful to the D. A. to have you as a friendly witness.

You seem like a sharp little gal. So I'd just "Damn the torpedoes, full steam ahead."

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Answered on 6/29/01, 2:30 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Telephone Records- Is it enough for a warrant?

In these situations I always advise my clients to talk to the police only with an attorney present, or in the alternative, not to answer any questions at all. Bottom line is that anything you say can and be used against you!! Knowledge of a crime in California is not a crime, but aiding and abetting is. I recommend that you do consult with a Criminal attorney ASAP!!

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Answered on 6/29/01, 4:10 pm


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