Legal Question in Criminal Law in New York

fraud

''a friend of mine found a credit card and put $2,000 on it . is that a criminal or a civil matter, and what are the possible penalties he is facing if this is his first offfense and he has a clean record


Asked on 8/31/08, 8:35 pm

2 Answers from Attorneys

Joel Salinger Law Office of Joel R. Salinger

Re: fraud

Your friend is facing mulitiple felony charges and can be charged for each time he made any charge on the card. He is in very big trouble and should contact an attorney as soon as possible.

His clean record will only help so far. Then he could be facing time in jail.

If your friend wishes to discuss this with an attorney he can contact my office directly at 516.746.4747 or at [email protected].

Joel R. Salinger, Esq.

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Answered on 8/31/08, 9:12 pm
Joseph Potashnik Joseph Potashnik and Associates, PLLC

Re: fraud

Yes, there may be several charges. Most probably larceny and criminal possession of stolen property, identity theft, and unlawful use of credit card. Some charges will be felonies, some misdemeanors. Some will be downgraded, some may be dropped, it all depends on the particular details.

Restitution is important, but it should be done the right way.

Not all charges actually result in convictions or guilty pleas. Often times it is possible to have the charges dropped, but again, it's all case specific.

The most important thing is not to talk to police if and when they come to ask questions or when they arrest your friend. Should that happen, he or she should talk to an attorney first.

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Answered on 8/31/08, 10:37 pm


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