Legal Question in Criminal Law in Ohio

felony charge 4

This is a felony 4 charge question. Person charged with mis use of credit cards, and forgery of checks. I know that the original person making a claim can not force the state to drop the charges against someone. But can the charges be dropped if the original person making the claim states they remember allowing the person to use there credit card, and they wrote them the checks, etc? Or if the person states they will no longer testify? Just trying to find out how to get the charges dropped and for this to not go to court. Also could the person make a deal with the original complaint with making payments to them?


Asked on 8/25/07, 11:51 am

1 Answer from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: felony charge 4

The complaining party can testify to anything that is truthful. If the truth is that the complaining party did authorize the use of the credit card and did write the checks, then that information would lead most prosecutors to dismiss the charges.

On the other hand, if the truth is that the defendant did use the credit card and write the checks without authority, and the complaining party is now changing his/her story simply to help out the defendant, most prosecutors will not respond favorably.

If the victim simply says "I won't testify" then some prosecutors will issue a subpoena. If the victim fails to respond to the subpoena, then the victim gets arrested and charged with contempt of court. This is not the answer.

The defendant can always repay the victim, but that repayment can sometimes be used by the prosecutor as evidence of guilt. YOu attorney can help you avoid this problem if this is the route you want to take.

This is too serious a matter to try to handle without an attorney. With one count of F-4 misuse of a credit card you are facing as much as 18 months in prison. Why would you risk that without an attorney? Its like trying to remove your own appendix -- you can do it, but it does not make any sense.

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Answered on 8/25/07, 12:06 pm


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