Hello, I'm new to this... I've just been charged with a felony theft conviction and I want to hear from other people out there who've been there. My mother-in-law gave us permission to open a credit card in her name, but because she was not physically there, they are charging me with theft, even though we were paying on the card. Long story... anyway, never been through this in my life and I'm panicking here... just want to know people who've made it through this and any ideas on how to get through this. Even though mother-in-law called DA and told them, it's up to DA to press charges and they won't back down. Have not been arrested, just got served with papers of criminal charges.:eek:

I'd like to see what some others write, excon is a great member to talk to about this. However, I would find a lawyer in that area that has a great reputation. Ask around. (if you haven't already) He can enter into discussions with the DA and possibly get this worked out. At least they can try to plead it down. They didn't arrest you when they served you? What type of papers?

They did not arrest me. An officer served me papers, but an employer was doing a background check and found 3 counts of felony arrest on Feb 6th, which is strange to me since I was never arrested (needless to say I didn't get that job, but he is willing to hire me after this is all worked out). Anyway, they are complaint papers listing my charges and a court date. This is all very scarey for me so thanks for your answer. I have talked to a couple lawyers and figure I'll go the route of trying to find some money to pay for one because I'm not real sure how well a public defender will fight this. I don't even want this to make it to court. The lawyers I've talked to said that jail time is probably nil and they're pretty sure they can clear my record... but I'm not completely convinced. I signed something with the credit card company taking full responsibility for the debt and everyone told me that it was over, no big deal. Imagine my shock two days ago when the cop showed up at my door..

So you go hire an attorney, you and your mother in law testify in court.
Calling the DA and talking to him on the phone does not good.
Hire the attorney, he may be able to take statements under oath from the mother in law that you were acting with her permission, and get it droped.

Sounds like something is missing, like who filed the complaint that you did something illegal.

Hello girl:

An arrest simply begins the criminal process. It doesn't necessarily involve being taken to jail. So technically, you were arrested.

The only thing to do at this point is to hire the best criminal lawyer you can find. I see that you're doing that. If your mother-in-law gave you permission, you're not guilty of anything.

Don't talk to the cops. Even though you might want to try to explain, all that's going to do is get you into more trouble. I know. You think the cops'll think you did it if you don't explain.

Here's some news. The cops ALREADY think you did it, and if you explain, they're going to be looking for stuff that incriminates you. They're NOT going to be looking for stuff that exonerates you.

Don't let your mother-in-law talk to the cops again either.

excon

Thanks guys. I don't know who filed the complaint... I'm not sure I'm getting the full story from my mother-in-law. I know that something happened with her social security and they yanked her benefits because they thought she was working when the card was opened. Somewhere, somebody had to start this in motion, and my gut instinct tells me that my mother-in-law said something to someone that she shouldn't have to try and get her social security back. She swears she didn't, but something started this ball rolling. As for talking to the cops, I did because they called me and asked me to... about 4 months ago. They took my statement, I gave them all the paperwork I signed with the credit card company stating I was responsible for the debt and the detective told me that was all they needed and nothing else would come of this. Well surprise, surprise, I'm finding out from lawyers that they lie! I guess they always try to press charges because it's good for them.

It's what makes or breaks their careers. They don't care whether you did it or not. They get to go about their normal life regardless of what happens to you. However, they have been well trained (ok.. most of them) to act like your best friend to get the information that they want. Forget the public defender, even if they are great lawyers, they won't work as hard for you as they would for someone that is providing them an income. It would be different if you had a very high profile case where the media attention would offset the fact they are not receiving a retainer. Girl, I know what you are going through, but I think you will make it out of this just fine.

Thanks! I needed to hear all this today. Husband trying to get ahold of his mom to find out what exactly she said, to anyone. The lawyers swear they can seal these records, etc. but I think I'll only relax when this is all done. The only trouble I've ever had before this were speeding tickets... I'm a mom of a 3.y.o. little girl and this has completely thrown me for a loop... even though lawyers swear to me I won't go to jail... can't seem to go through 10 minutes without wondering "What If..."

Like everyone said, I don't think you have anything to worry about, but no matter what happens, you will deal with it because you have to!

One of my favorite quotes:

A woman is like a tea bag: You never know her strength until you drop her in hot water.

~Nancy Reagan

Also.. read my first signature.:p

Yeah, I hope so. Will feel better after talk with mother-in-law and make sure there is nothing weird on her end. She's a strange bird, and usually not the smartest, but I just hope she'll testify to the truth and she's not doing anything weird to save her own skin.

You really really need to worry now, someone is lying to you. They don't just "jerk" her Social security, in fact a perosn on social security can work, many do, she reports her income and if it is over a certain amount. So no they did not stop her social security because of the credit card.

And yes police are allowed to lie to get you to confess, they will tell you not to worry, this is just to clear it up,
In fact your statements and evidence you gave them, may be just what they need to convict you. So never ever talk to police without an attorney present. Don't talk to them again without one, and get one as fast as you can to try and clear up this mess.

But it sounds like your step mother is not telling you the full truth on this at all.

OK, so I am fully understanding now what probably happened. Husband talked to mother-in-law and she stated that the CC company told her since she was not present when we opened the CC (we did it online), she could report it as fraud and that would get it off her credit report. They told her all she would have to do is file with the Fruita police department, but since she wasn't pressing charges, nothing would happen to me (remember, this is all heresay). When she found out it was going to go further, she tried to stop it (according to her), but they told her it was in the DA's hands now. This completely sucks... I had full permission to do it and was paying on the card, even told the CC company I was fully responsible for debt. Mother-in-law will testify on my behalf (so she says) but not sure what that means or what it will do.

The attorney still swears he can probably work this out out of court, but I am very worried what a felony conviction, even if negotiated down, will do to my life. I'm a pilot and business owner, but most importantly a mother, and I have no idea what this will do to the rest of my life. Just sucks when I was being interviewed by the cops, the were already working on charging me.

Why would you do something like this in the first place if you are a pilot and business owner? Jeepers. Couldn't you get your own credit card? I really think the mother in law is telling people some pretty weird stuff for a credit card company to suddenly come after you since you opened the account online. They didn't know it was not your mother in law doing this. She is not telling the rest of the story. You should be okay with a good attorney but this is going to be such an expensive lesson for you in the end as good criminal attorneys are not cheap.

We had bad credit so she agreed to let us get a credit card for our business. There was no way we could do it ourselves due to some financial trouble back in the late 90s - we chose to pay off our debt rather than file bankruptcy, but it takes forever for your credit score to come up enough to get a business card. I have no idea what she did or didn't tell the police or credit card company, I can only go on what she says. She let us open it well over a year ago and we never talked about it since. Her story is when she was trying to refinance her house, it showed as a fairly large debt, and it was hurting her debt-to-income, so she called the credit card company (she said at first she had completely forgotten she gave us permission). After she talked to credit card company, then my husband he reminded her about giving us permission a year ago to open one, but by that time she said she had already taken it to the CC company and Fruita police. She called both and told them (once again, so she says), and they said no charges would be pressed, especially since she was recanting and I signed something with CC company to take full responsibility for the debt to get it off her credit. Trust me... at the time, I didn't think I was doing anything wrong... we just needed help with a business card.

Ok. Thanks for the clarification. I know personally how an unexpected debt can really wreck havoc with one's credit rating. Apparently she forgot about this having been so long ago to her. At least you know the scenerio now. A good criminal attorney will be the best avenue as if he can do something before it goes to trial the charges can either be reduced or dropped altogether. He has to get involved in this as soon as possible to be able to do anything prior to this going forward in the courts. If you get a reduced charge with probation as your sentence versus any jail time that would be your best outcome if he can't totally get this quashed in court.
Good luck and I'll hope for the best for you.

Thanks so much! We are in the process of interviewing attorneys this week, and I'm truly hoping that we can either get this dropped, or at least reduced. I guess, even with people's permission, it's a crime to "use their identity" on the computer - she should have been the one to open it on her computer. Anyway, like you stated before, expensive lesson. It sucks, it happened now I have to deal with it. It's helped a lot to have this forum however, doesn't feel like I'm quite so "alone."

Hello again, girl:

Don't be so quick to lay down. Intent is an integral element in criminal law.

Criminals don't just happen to find themselves convicted having done nothing. However, there's no question that there are people who get intimidated easily and who don't understand the law. Those people convict themselves regularly. Happens all the time. However, those who don't - don't.

excon

Fight this all the way to trial! Don't give up. If you have your mother in law to support what you say the jury will have sympathy for you. Don't give in to plea bargains and the tactics the DA will use to scare you. Fight the good fight and stand up for your name. Having a felony is a real pain and you won't find a good job because of it, especially these days when they conduct background checks all the time prior to offering employment