Legal Question in Criminal Law in Colorado

stolen credit card

my son was with someone that had a stolen credit card,

it was in a womens name and

he went to the store with her and she bought stuff and he was just with her. he is now facing conspiracy


Asked on 1/11/07, 8:42 am

3 Answers from Attorneys

V. Iyer Iyer Law Office, L.L.C.

Re: stolen credit card

Possibly. Among other things, the question is whether or not he knew that his friend was using another person's credit card without that card holder's consent or authority

The next question is if he knew, did he agree with this friend to use this card.

Please note that in the criminal context the result to a question is very much fact driven and even a small fact or lack of such fact may give rise to a different conclusion.

If you would like my office to help your son please contact me.

Please note taht I was a prosecutor in Colorado for several years before entering into private parctice for some time now.

Sincerely

Venkatesh Iyer

The Iyer Law Office, LLC

10170 E. Mississippi Ave

The AllCare Building

Denver, CO 80247

[email protected]

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Answered on 1/11/07, 11:11 am
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: stolen credit card

In order to be guilty of a conspiracy, there must be an agreement to commit an illegal act. I would fight this, as there is no proof of any such agreement, just mere presence, which is not enough to convict on. Good luck.

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Answered on 1/11/07, 12:27 pm
Philip Rosmarin Rosmarin Law Firm

Re: stolen credit card

To prove conspiracy, the prosecutor will have to show that your son made an agreement with the woman to help her use the credit card to fraudulently buy the stuff.

It isn't enough to show that he knew that she was going to use a stolen credit card. The key is he must have helped her in some way: vouched for her identity, intentionally distracted the merchant, drove her to the store for the sole purpose of helping her commit the crime -- something.

Good luck.

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Answered on 1/11/07, 1:22 pm


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