Legal Question in Criminal Law in Georgia

fraudulent use of credit card

My 17yr-old daughter has been arrested for fraudulent credit card use. A male friend of hers stayed at a girl's house for 3 days and when he left, her credit card disappeared. He called my daughter and told her that he got a credit card in the mail and he wanted to go ''buy some stuff''. He doesn't have a car, so he told her that he would fill her gas tank if she (and another male) would drive him around. They went to 3 counties. He was the only one who made purchases, signed receipts, etc. Both eyewitnesses and video cameras attest to this. However, because my daughter received a tank of gas and was driving him around, she has now been arrested in two counties, and I'm sure a third warrant is forthcoming. She has no prior criminal record, lives at home with her parents and 3yr-old sister, is TRULY innocent of any wrong-doing. She had no idea that this boy was using a stolen credit card until after the fact. Has she truly committed a felony in the eyes of the law? Eyewitnesses and videos say she is innocent. Doesn't that count for something? Does she need an attorney or will it even make a difference? (no offense!) My daughter is sitting in jail on Mother's Day and they won't set a bond until Monday a.m. PLEASE HELP ME.


Asked on 5/09/04, 10:25 am

2 Answers from Attorneys
Phillip A. Strickland Law Offices

Re: fraudulent use of credit card

No offense taken--it takes a lot more than a comment or two like that to offend me. Unfortunately or not depending on your perspective, you daughter is is in certain need of an attorney. She is currently in jail, charged with credit card fraud by two and perhaps three counties and hasn�t yet been able to even discuss the issue of bail the magistrate or an attorney. That there may be facts indicating her innocence, only show me that she needs an attorney even more. She will not be able--given her youth and limited understanding of the system she is now caught up in--to effectively represent herself and demonstrate her innocence before a judge or jury. Don�t plan on the DA doing anything for your daughter. She wouldn�t be in jail right now if they thought she was an innocent party in all this. While no attorney can assure you a particular result, I can most readily assure you that the result will be better if she is represented than the result she will get without one. Thank you.

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Answered on 5/09/04, 12:31 pm
Jim Hough Thomas J. Hough, Jr., P.C.

Re: fraudulent use of credit card

It appears that your daughter was involved in a crime spree based on the actions of her "friend" and the facts that you relate tending to show her innocence are matters which need to be effectively presented in her behalf. Her future, in a very real sense, depends on how a judge or a jury viewing all the facts will decide.

In addition to having a bond set, she needs to speak with an attorney qualified to handle charges of the nature she faces. The evidence you have referred to needs to be preserved and developed. She needs to find out all the evidence available to the State.

If she can't afford private counsel, she needs to apply for court appointed counsel.

Please contact me if I can help in any way.

Jim Hough

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Answered on 5/10/04, 10:31 am


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