Legal Question in Criminal Law in Texas

Credit Card/Debit Card Abuse

My 19 year old son was just arrested for credit card abuse. He has two priors both misdemeanors - substance abuse (minimum) & failure to give information.

He has not seen the judge yet and the theft amounts was approximately $400. We are in Texas, any clue what sentence he might get?

Is this a Federal or State Felony crime?


Asked on 9/05/08, 4:51 pm

2 Answers from Attorneys
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Credit Card/Debit Card Abuse

Hello there,

Credit card abuse is classified as a state jail felony in Texas.

The punishment range is anywhere from 180 days to 2 years in a State Jail Facility and up to a fine of $10,000.00.

If your son has no prior felony convictions he is eligible for probation. If he is to mess up his probation and have it revoked he will be placed in the State Jail Facility to serve his time day for day with no good time cut.

If you have any further questions feel free to contact me.

Sincerely,

Erick Platten

STATE WIDE REPRESENTATION

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Answered on 9/06/08, 2:08 pm
Stephen Gustitis Criminal Defense Lawyer

Re: Credit Card/Debit Card Abuse

Credit card abuse in Texas is a state jail felony offense. Every act of using the card without the owner's permission, regardless of the amount of the transaction, is a separate felony charge. A state jail felony is punishable by a minimum 180 days in the state jail and a maximum 2 years. There is no good time or parole on state jail offenses. The maximum fine for each offense is $10,000.00

My advice is to contact a qualified criminal defense lawyer immediately to discuss your son's options. Equally important is that he remain silent about the facts of the case. He should not talk to the police, his friends, or family about the case. Any conversation he has on Facebook or MySpace can also be used against him.

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Answered on 9/05/08, 5:10 pm


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