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tater295 · May 10, 2012, 03:36 PM

My child an adult lives at my house this child intercepted a credit card which came through the mail and activated it and made 15 charges on it and only stopped using it when it was maxed out. Lucky for me the credit limit was very small $700 . I called it in to the police now I've heard rumors that ea of those 15 charges is considered a new crime so my child will have 15 counts against her. Then I heard each count (charge) is a felony, even the lowest one $1.59.

So will there be 15 counts against her, will they be misdemeanors or felonies? Even though I called in the police report and I called the police to come to one of the merchants, where she used the card I haven't given them any more information once I heard that ea charge is a separate count, and that they could be felonies. So if I pay the card off what could happen to her?

Fr_Chuck · May 10, 2012, 08:15 PM

Where you live makes a difference, each state in the US has different laws on credit card theft or fraud.

Yes, they may do 15 separate charges, in that case, most likely each will be a misdemeanor.

If they do one charge ( which I see is more likely) it can be a felony in some US states. In others it would not be enough money.

There is other issues, since with 15 charges, the judge and/or DA could ask for each sentence to be ran one after the other, not at the same time.

Either way it can be serious depending on how the DA wants to go after it.

tater295 · May 12, 2012, 11:52 PM

I asked this ques. Last week and received one answer which was somewhat ambiguous because I did not tell where I live so now I will clarify I live in Orange County, California. A credit card came in my mail for me; my adult child who lives with me intercepted the card and activated it. They made 15 charges on it and than it was maxed out. It had a small limit $700. I called it in to the police now I've heard rumors that each of those 15 charges are considered a separate offense. Than I heard each count (charge) is a felony, even the lowest one $1.59.

So will there be 15 counts against her, will they be misdemeanors or felonies? Even though I called in the police report and I called the police to come to one of the merchants, where she used the card I haven't given them anymore information once I heard that ea. charge is a separate count, and that they could be felonies. So if I pay the card off what could happen to her?

excon · May 13, 2012, 04:33 AM

Originally Posted by tater295

So if I pay the card off what could happen to her?

Hello tater:

Couple things... You got YOUR credit rating... And, you got your daughter... If you want to save your credit rating, you'll pay off the card.. The rating agencies don't really care about your domestic problems..

Next is the criminal charges.. I can't believe they'll charge her with a felony for each individual charge... But, you can't STOP them no matter WHAT you do. Paying off the card won't do it. The best thing you can do is hire a good lawyer for your daughter.

excon

tater295 · May 13, 2012, 04:54 AM

Originally Posted by excon

hello tater:

Couple things... You got your credit rating... And, you got your daughter... If you want to save your credit rating, you'll pay off the card.. The rating agencies don't really care about your domestic problems..

Next is the criminal charges.. I can't believe they'll charge her with a felony for each individual charge... But, you can't stop them no matter what you do. Paying off the card won't do it. The best thing you can do is hire a good lawyer for your daughter.

Excon

I know some things you said are incorrect one they cannot charge me for charges made by another adult committing fraud. Two. If I pay it off it will prevent the police from being able to cite her for the charges they have no details of . So please someone answer my question someone with a background in law not a background in getting caught by the law (excon)

ScottGem · May 13, 2012, 05:43 AM

Originally Posted by tater295

i know some things you said are incorrect one they cannot charge me for charges made by another adult commiting fraud. Two. If i pay it off it will prevent the police from being able to cite her for the charges they have no details of . So please someone answer my question someone with a background in law not a background in getting caught by the law (excon)

First, I merged your two threads.

And excon is not wrong here. Criminal charges are prosecuted by the "state", not be individuals. Once a crime is reported it is up to the prosecutor's office to decide how to pursue the case. If you pay the bill, that doesn't remove the crime and the prosecutor could still choose to prosecute. It mght be unlikely but they can.

Second, Yes, they CAN charge you for the charges on the account unless fraud can be proven. So if you withdraw the criminal charges, you can be held responsible for the charges against the account.

Finally, your remark to excon was uncalled for. Many people who have been caught by the law become quite expert in it. excon is a respected member of this site and has prove his expertise over the years.

AK lawyer · May 13, 2012, 06:21 AM

Originally Posted by tater295

i know some things you said are incorrect one they cannot charge me for charges made by another adult commiting fraud. ...

That is true. But Excon didn't suggest that they could charge you. Please re-read what he wrote.

Originally Posted by ScottGem

...
Second, Yes, they CAN charge you for the charges on the account unless fraud can be proven. So if you withdraw the criminal charges, you can be held responsible for the charges against the account.
...

Correct me if I'm wrong, but I think you mean that the credit card company can and will expect you to pay. OP would not be guilty of a crime.

ScottGem · May 13, 2012, 08:14 AM

Originally Posted by AK lawyer

Correct me if I'm wrong, but I think you mean that the credit card company can and will expect you to pay. OP would not be guilty of a crime.

Yes, Because the word "charges" has a dual meaning here I tried to make it clear. The OP is not guilty of a crime. However, the OP could be held responsible for the balance on the account. Since the charges were made by a family member, unless the OP press criminal charges against the family member, the credit card issuer might not believe the credit card purchases were made fraudulently.

excon · May 13, 2012, 08:23 AM

Hello again,

The OP seems to think that if she REPORTS the purchases as fraud, she won't have to pay... That's true, but when the fraud division of the bank discovers that the daughter made the purchases, THEY'LL press criminal charges, because THEY'RE now the victim. They'll replace the money in the OP's account, but the daughter is going to be charged - if NOT by the bank, by the cops who she evidently called.

Look. She's confused, and isn't very nice... No wonder the daughter ripped her off.

excon

tater295 · May 13, 2012, 08:42 AM

Lets get back to the issue my 32 year old intercepted the card in the mail i never saw it .i was furious i called the police i than went to a merchant who spent 2 hrs doingmy child's hair 4 days before i discovered the fraud that hairdresser remembered my child and described her to a tee, her cell num. was used to activate the card. A few charges were only a few dollars i was told that all 15 charges fraudulently made will be treated as 15 different charges. I told you i live in calif. No one has answered the question;which is "is it true that these 15 separate counts will be 15 felonies. If you read what i wrote you would know it is jiberish to say i could be charged with the fraud,i told you they described the culprit a female not me a dad. They know it wasn't my ph. Number. That was used to activate the card. As far as the fellow that thinks he knows the law and beligerently threw in that my credit score could be affected if i don't pay on behalf of the adult that committed fraud i suggest him to go study now can anyone just answer the question 15 felonies or 15 misdemeanors total of all charges $700 single highest charge $145.00 if the law can impose 15 felonies for this caper and 3 felonies for 3 charges of a few bucks each i'd be amaazed don't anyone know the answer i'm certain you have all the facts needed to answer.

ScottGem · May 13, 2012, 11:36 AM

First, there is no need to SHOUT at us. Please don't type in all caps.

Second, no one said you could be charged with fraud. In fact, the opposite was said.

Third, you were answered that, if the DA decides to pursue this as 15 separate counts, the counts would be misdemeanors. However, you are asking for a black and white answer to a gray area question. "the line between misdemeanor and felony is not as clear as one might think. The law gives the prosecutor significant authority with regards to the classification of a crime" (Orange County Misdemeanor Defense Attorney :: Misdemeanors / Felonies :: Irvine Felony Defense Lawyer). The bottom line is it will be up to the prosecutor.

Finally, You need to read your answers more carefully. The answer you are complaining about said, simply that if you don't pay an outstanding balance it will affect your credit rating. This is an accurate statement. The problem here is the only way you can have the charges removed from your account is if you throw your daughter to the police. If you claim your daughter used your account fraudulently, then she may be prosecuted for theft. If you don't do so, but don't pay, your account will be considered delinquent.

Please don't start insulting people who have tried to help you. You have gotten good and accurate advice.

Fr_Chuck · May 13, 2012, 01:15 PM

NO, no one knows the answer for certain, since that is how often the law works, The DA decides what the charges are.

Again, he can make it one charge of fraud, ID theft also for using your card Then if the combine all the charges it will be a felony.

If they do it as separate courts it all should be misdemeanors, but how the judge will do the sentences is also a issue,