Legal Question in Criminal Law in Wisconsin

credit card fraud

my son applied for a credit card in my name and my daghter did not know and i had givin her permission to use my credit cards while i was away and so she was under the impression that it was a card i already had and used it now my daughter currently has two feloney forgerys in wi so if i file a complaint with the police will my daughter also be charge by the police and the credit card company itself for the charges she put on the fraudulant card my son applied for?


Asked on 9/06/01, 10:42 pm

1 Answer from Attorneys
John A. Birdsall Birdsall Law Offices, S.C.

Re: credit card fraud

Are you're daughter's felonies pending or arae they actual past convictions. If it was your son that actually committed the fraud, then he would be the one with liability. However, never underestimate the prosecutors -- they may very well attempt to link her into this crime in light of her history. Indeed, your son may give a statement to that effect. Your testimony contradicting that would be critical, of course. Your best bet, if you wish to pursue prosecution of your son, is to get experienced counsel, draft affidavits of precisely what authority you gave to your daughter to charge, explain the fraud of the your son in applying for the card and the innocent mistake of your daughter in using it. This can then be presented more coherently to the DA/police and should ensure that she does not get charged. Again, this must be done carefully since the DA may decide to tie her in somehow. What county is this in?

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Answered on 10/25/01, 6:09 pm


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