QUESTION
What can I expect with an Identity Theft charge?
Asked on Jun 03rd, 2011 on Criminal Law - New Jersey
More details to this question:
So I decided I wanted to use my father’s credit card and charge a few things online with it. Upon finding the credit card balance was ridiculous and looking at the credit card statement he confronted me and made me return everything that was mailed in, back to the companies. One company refused to accept the returns and pressed charges. The amount spent was about $1100 altogether. I've had a rough home situation and of course I realize what I did can have some serious repercussions. What can I expect to happen from this point on?
15 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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These are felony charges. You need to retain counsel ASAP.
Answered on Jul 12th, 2013 at 12:53 AM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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I need some more information. Have you been contact by the police?
Answered on Jul 12th, 2013 at 12:53 AM
Traffic DUI/OVI Attorney serving Dayton, OH
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Deal & Hooks, LLC
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It honestly depends on what court you are in. In Ohio Identity Theft resulting in the loss of property of more than $500 but less than $5000 is a fourth degree felony. This carries with it the possibility of a prison sentence of anywhere from 6 months to 18 months and a fine, as well as restitution. Most courts would consider community control (probation) as an option if you do not have a significant criminal history and the victim (your father) is supporting that. You may have defenses available that could either reduce the charge or get the State to dismiss it as well.
Answered on Jun 08th, 2011 at 12:00 PM
This could be a federal charge of identity theft. If so it is serious. Get an attorney.
Answered on Jun 07th, 2011 at 3:27 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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When charged with a felony, you potentially face one or more years in prison if convicted.
Answered on Jun 07th, 2011 at 3:01 PM
Whether or not criminal charges will be brought is solely within the discretion of the prosecuting attorney. Until charges are brought and it is know what has been charged, it is impossible to predict the consequences.
Answered on Jun 07th, 2011 at 12:28 PM
Theodore W. Robinson
First thing your Dad can do is authorize the sale and both of you can walk away from it and you can repay the money to him over time. However, once a prosecution has been started by the prosecutor, it cannot usually be simply stopped by authorizing the sale by your Dad. It would be best to hire an experienced criminal defense lawyer to represent you if charges are brought against you since they could be felonies and that would not be a good thing at all. Good luck.
Answered on Jun 07th, 2011 at 11:52 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You can be charged with Fraudulent Use of a Credit Card which is a felony. Depending on your age and your previous record, you may be eligible for a diversion program which could keep the charge off your record. More than likely you are probably looking at a form of probation, but you could possibly do some jail or prison time. You need to consult with an experienced criminal attorney regarding your case for a proper evaluation.
Answered on Jun 07th, 2011 at 10:59 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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As in any criminal case, you will be arraigned on the charges. If any of the charges are felonies, then you have the right to a Preliminary Examination. If you are convicted by plea or after a trial, your sentence will include payment of any restitution. You should consult an attorney to represent you in this case. Only after reviewing the facts, your record, and understanding your Court can more detailed advice be given. I hope that this was helpful.
Answered on Jun 07th, 2011 at 10:43 AM
What the company does is the least of your worries. The most negative thing that could happen is your dad reports this to the police, who then writes a report and submits it to the DA. The best you can do is to remain silent from this point forward and talk to no one about this other than a lawyer.
Answered on Jun 07th, 2011 at 9:42 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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You need to hire a lawyer and the lawyer can answer these questions for you. Not hiring a lawyer is one of the biggest mistakes by people in your situation. I have specialized in this area of the law for over 30 years in your area and have seen how people regret the fact that they did not hire a successful attorney to help them in their time of need. One who represents themself has a fool for a client. Feel free to call me to answer any additional questions.
Answered on Jun 07th, 2011 at 9:32 AM
Michael J. Breczinski
You could be charged with felony. You would get at least probation from the charge and possibly jail or prison. A good attorney might be able to get the charges reduced and possibly removed from your record but that depends on many factors. Is this your first criminal offense? What will your Dad want? Have you made restitution? you need an attorney.
Answered on Jun 07th, 2011 at 8:53 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Were you arrested? You face possible felony charges. Is your Dad cooperating with the store? Make no statements if questioned or arrested.
Answered on Jun 06th, 2011 at 3:20 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Get a lawyer, speak to no one else and plan a strategy.
Answered on Jun 06th, 2011 at 10:06 AM
2 Awards
The company cannot press charges against you if you had your father's permission to use the card and subsequently decided to return merchandise. You do not say if there are any criminal complaints or if you just owe your father some money. The answer also depends on how the statute in your state reads. If there are charges against you, consult with a criminal defense attorney.
Answered on Jun 06th, 2011 at 9:52 AM