Legal Question in Criminal Law in New Jersey

Attempted Theft by Deception (Stolen Credit Card)

A friend of my was arrested in 1991 while trying to make a $1500 purchase at a mall in NJ using a stolen credit card that was provided to him by another person who owed him money. He pleaded guilty at his first appearance in court but failed to come back to court after that, fearing he might be incarcerated. Since, there's an outstanding warrant for his arrest but oddly enough the court has returned the bail money. He now wants to take care of this matter. Is it likely that he will be sentenced to jail time? If so, how much time can he expect? Except this, he has no criminal record.


Asked on 2/06/04, 11:36 am

4 Answers from Attorneys

Savyon Grant Law Office of Savy Grant

Re: Attempted Theft by Deception (Stolen Credit Card)

It sounds like he would only be facing probation, based on the limited facts I know. I would be very happy to help. You can call my office for a free phone consultation at 201-646-9600.

Savy Grant

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Answered on 2/06/04, 4:30 pm

Re: Attempted Theft by Deception (Stolen Credit Card)

There are way tooooooooo many variables here to give you any good information. Your friend has to contact a lawyer. Depending upon the facts (priors, record since, if you have a witness to the $$ owed, if the card used belonged to the guy his girlfriend, mother, etc.) perhaps you can fight the original guilty plea. In any event, voluntary attempts to clear this up are meaningful, and have a good chance of getting cooporation from the prosecutor.

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Answered on 2/06/04, 12:03 pm
Paul DaSilva DaSilva & Pinho

Re: Attempted Theft by Deception (Stolen Credit Card)

No attorney is going to be able to guarantee the ultimate sentence in a case like this because there are alot of variables. I strongly suggest that he contact an attorney and begin the process of resolving the matter. Affirmative efforts to clear it up will go a long way in the eyes of the court. Contact me if you need assistance. [email protected]

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Answered on 2/06/04, 12:14 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Attempted Theft by Deception (Stolen Credit Card)

Your friend may not be in such bad shape. The original sentence that he agreed to is the likely new sentence. However, his years as a fugitive do count as another crime.

If he has stayed clear of the law in the last 13 years, he should be ok. The fact that he is trying to clean-up is a factor working for him.

however, the DA refuses to talk or make any deals on these types of cases before the fellow turns himself in.

I recommend contacting a lawyer to make the transition from fugitive to citizen as smooth as possible.

To reassure you, he will not be sentenced to life in jail or anything like that. Its just a second crime to go with the first and will not be treated any differently than any other crime is treated. the judge will not throw the book at him for revenge. The judge will do the same thing in this case as in any other case ; the judge will determine if your friend is a current threat to society. If so, there will be jail time. If not, the judge will avoid a sentence of jail. The lack of crimes committed during the fugitive time suggests your friend is not a threat to society.

I hope I have alleviated your mind at least a little.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

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Answered on 2/06/04, 2:13 pm


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