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    juliaababyy93's Avatar
    juliaababyy93 Posts: 10, Reputation: 1
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    #1

    Jun 6, 2012, 08:06 AM
    Felony-Financial Credit Card Theft.
    My boyfriend used a credit card he did not steal, and was given the PIN to.

    He has been arrested for a Felony for this crime. Has arraignment the 28th of this month. The total he charged to the card was 60 dollars.

    He has a background of possession of marijuana, under an ounce and a theft by taking charge (also of only 60 dollars, stole a video game) Both were misdemeanors. Does anyone have any advice for him as to what he should do, or what he can expect at court?

    Any advice or comments would be appreciated! We are both 19 years old, and very productive people in our community. Just made very costly mistakes.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Jun 6, 2012, 08:47 AM
    Quote Originally Posted by juliaababyy93 View Post
    My boyfriend used a credit card he did not steal, and was given the pin number to.

    He has been arrested for a Felony for this crime. Has arraignment the 28th of this month. The total he charged to the card was 60 dollars.

    He has a background of possession of marijuana, under an ounce and a theft by taking charge (also of only 60 dollars, stole a video game) Both were misdemeanors. Does anyone have any advice for him as to what he should do, or what he can expect at court?

    Any advice or comments would be appreciated! We are both 19 years old, and very productive people in our community. Just made very costly mistakes.
    If he wasn't an autherized user... that is theft and/or fraud. Don't try to sugarcoat it.

    You need a lawyer.
    juliaababyy93's Avatar
    juliaababyy93 Posts: 10, Reputation: 1
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    #3

    Jun 6, 2012, 09:32 AM
    Quote Originally Posted by smoothy View Post
    If he wasn't an autherized user....that is theft and/or fraud. Don't try to sugarcoat it.

    You need a lawyer.
    Not trying to sugarcoat, just giving the facts. He will be getting an attorney, or use a public defender. But what punishment may he expect? Any idea?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jun 6, 2012, 09:34 AM
    Hello again, julia:

    He won't go to jail either... A PD will do him fine too.

    excon
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #5

    Jun 6, 2012, 09:36 AM
    To get a public defendor you have to pass means testing... meaning you don't make above a certain amount or have more than X in assets.

    Ask for one.. but be prepared to pay for a lawyer if you don't qualify.
    juliaababyy93's Avatar
    juliaababyy93 Posts: 10, Reputation: 1
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    #6

    Jun 6, 2012, 09:44 AM
    Quote Originally Posted by excon View Post
    Hello again, julia:

    He won't go to jail either... A PD will do him fine too.

    excon
    Thank you excon!
    You seem confident in your advice. What can he expect at court? Even with a criminal background? Though he says he previous charges have been dropped and cleared from his record.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #7

    Jun 6, 2012, 09:47 AM
    The charges may have been dropped... but they remain visible to the court... they will know he's had previous run-ins. Your attourney would or should explain this to you anyway.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Jun 6, 2012, 10:33 AM
    The person who gave him the card and the PIN will testify that they were the legal owner of the card and give them the card, the case will be dismissed.

    If of course the person who gave him the card stole it, and he knew it was stolen ( or should have known it was stolen, like it was not the other persons name) then he will get convicted.

    But still at that amount, it will be probation, not jail.

    But at 19 and already two prior convictions, and now a new charge, it does not look good for having such a serious record at such a young age, it will be harder finding jobs .
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