Criminal Trial... Im Innocent Help

[Crad|e]

Those with any legal/criminal advice please help.

April 1st, my wife comes home with a debit card that her mom let us borrow, she said there was 26.00 to spend. Anyways we buy some beer, food.. totalling 18.50 and I slide the card laying on the counter to the cashier, then sign off on it. When i get the card back it says Tammie Smith, not my mom-in-laws name. I asked my wife if she knew tammie she said no, neither did I. I assumed she laid the card down, she assumed I did. Then I take her to get cigs and she signs off for 4.00. 5 min later cops are at my house saying we used a stolen card and I give them the card and receipt.. explaining that I got it from my mother-in-law.

Days go by, and the police call me monday the 4th and want to see me and my wife. I told them the story above and they said they believed my wife but thought I was lying. Im being charged with felony recieving, holding, or concealing a credit card and misdeamoner unauthorized use.

I cant afford an attorney, it was an innocent mistake. Will the judge postpone my April 29th court date til I can afford one you think? What do i do>

[Rynie]

Start working out, or wax your eyebrows and change your name to Samantha.

just kidding.

Actually, you should atleast consult a lawyer. A felony can ruin your life. All lawyers, well I should say MOST, offer payment plans. Set up an appointment with 1 or 2 asap. More than likely, they'll postpone it immediately anyways. I'm not a lawyer.

[Crad|e]

The cheapest lawyer I found is 750 down. I cant come up with that in two weeks.. I hope the judge gives me a month or so.

[Dallas]

The issue you have is explaining the "innocent mistake" after using the card the 2nd time, knowing the name on the card wasn't your mother inlaws.

You will probably be fined $1500 or so and also get a nice amount of community service along with probation. You can probably plea the felony charge down to a misdemeanor or at the very least get a suspended imposition of sentence if you stay out of trouble long enough.

If you have a prior record, ignore my post.



http://ihasahotdog.files.wordpress.com/2010/01/funny-dog-pictures-deer-headlights.jpg (http://ihasahotdog.files.wordpress.com/2010/01/funny-dog-pictures-deer-headlights.jpg)

[SkinsandTerps]

26 bucks and they are trying to charge you with a felony ?

Dallas is right though.

[WDN]

Your mother in law gave you a stolen debit card?

[big dog cowboy]

What did you do to get your mother in law so mad at you?

[Yeagermeister]

What did you do to get your mother in law so mad at you?

Married her daughter

All joking aside

Didn't your wife notice the name on the card when it was "given" to her?

[rynochop]

Geez, do live in Mayberry or something? Cops spending this much effort over 26 bucks?

[vta]

Geez, do live in Mayberry or something? Cops spending this much effort over 26 bucks?

Yeah but think off the money they'll get in court costs and fines.

[BrAinPaiNt]

I thought the court would provide you with an attorney....public defender.

[vta]

I thought the court would provide you with an attorney....public defender.

Yeah, but he probably wants to win, not cop a plea and have some sort of record.

[BrAinPaiNt]

Yeah, but he probably wants to win, not cop a plea and have some sort of record.

Well it sounds like he is strapped for cash and can't afford an attorney.:(

[Doomsday101]

Well it sounds like he is strapped for cash and can't afford an attorney.:(

Just put it on the card.

[joseephuss]

http://www.texasfairdefenseproject.org/info/right_to_counsel/request_appointed_counsel

[Joshmvii]

If you lie and say you didn't notice the name was different from your mother in law until after the 2nd purchase you might get more mercy. If you did notice after the first purchase, you deserve to get busted.

[Sam I Am]

If she gave it to you, then she is in just as much trouble as you are.

[MonsterD]

Just my view, I look at the card before I use it,how can I not? I see the signed receipt and the wrong name, I go to the clerk and ask he call the CC bank cancel the authorization on it. For sure not going to make a second purchase on it.

[heavyg]

I think the second purchase is what will be your downfall. The first you can almost claim not knowing it was the wrong name. But the second you knew and charged the product anyway.

[BrAinPaiNt]

Just put it on the card.

I think that is what got him in trouble in the first place. :laugh2:

[CowboyWay]

Just put it on the card.
:laugh2: :laugh2: :laugh2: :laugh2:

Oh man Doom, that was funny right there !!!!!!
:laugh2: :laugh2: :laugh2:

[Hostile]

How many times have we heard this?

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as I have explained them to you?

You're covered. But I seriously doubt you've got a prayer in the world. Why would you knowingly use any card that is not yours? That's not innocence, that is stupid. Worse, you used in on the 2 most guilty looking items, beer and cigarettes. It couldn't be diapers and formula?

[Zaxor]

Just put it on the card.

lol:laugh1: :bow:

Not accusing you of anything but something doesn't sound right in the story at least to my ears...

[zrinkill]

April 1st, my wife comes home with a debit card that her mom let us borrow, she said there was 26.00 to spend. Anyways we buy some beer, food.. totalling 18.50 and I slide the card laying on the counter to the cashier, then sign off on it. When i get the card back it says Tammie Smith, not my mom-in-laws name. I asked my wife if she knew tammie she said no, neither did I. I assumed she laid the card down, she assumed I did. Then I take her to get cigs and she signs off for 4.00. 5 min later cops are at my house saying we used a stolen card and I give them the card and receipt.. explaining that I got it from my mother-in-law.

So you used the card even after you realized it was not your mother in laws?

[peplaw06]

Get an attorney... either retained or appointed. The appointed route depends on where you live. In smaller counties you will sometimes see a criminal appointment list that has some good attorneys on it.

If you're story is true, I would think you can work out some kind of restitution plan that would avoid a conviction... or at least get a deferred offer. That's if you have no priors, like Dallas said.

But I think your judge will likely give you some time to find an attorney. Tell him/her you have been seeking counsel, just need some time to find one. You might also apply for court appointed as well. That will buy you some time, and if you can retain one in the meantime, it won't hurt you.

[Joe Rod]

Honestly, using it once is considered innocent, but you didn't stop and even went ahead and used it again. You are probably going to have to face the music.

How a judge would handle it would be up to your record. The dollar amount is pretty low, so if you have no priors, your attorney might be able to plea out for a deferred misdemeanor. Deferred means that the judge could throw out the sentence and the guilty plea if you keep your nose clean during a probationary period. A fine will probably be in that sentence, though.

I'm not an attorney, I just play one on the Zone.

[Vtwin]

Those with any legal/criminal advice please help.

April 1st, my wife comes home with a debit card that her mom let us borrow, she said there was 26.00 to spend. Anyways we buy some beer, food.. totalling 18.50 and I slide the card laying on the counter to the cashier, then sign off on it. When i get the card back it says Tammie Smith, not my mom-in-laws name. I asked my wife if she knew tammie she said no, neither did I. I assumed she laid the card down, she assumed I did. Then I take her to get cigs and she signs off for 4.00. 5 min later cops are at my house saying we used a stolen card and I give them the card and receipt.. explaining that I got it from my mother-in-law.

Days go by, and the police call me monday the 4th and want to see me and my wife. I told them the story above and they said they believed my wife but thought I was lying. Im being charged with felony recieving, holding, or concealing a credit card and misdeamoner unauthorized use.

I cant afford an attorney, it was an innocent mistake. Will the judge postpone my April 29th court date til I can afford one you think? What do i do>


Damn, that is one ****** April fools prank.

[vta]

Just put it on the card.

:lmao:

[zrinkill]

Damn, that is one ****** April fools prank.

:laugh2:

[ConcordCowboy]

Those with any legal/criminal advice please help.

April 1st, my wife comes home with a debit card that her mom let us borrow, she said there was 26.00 to spend. Anyways we buy some beer, food.. totalling 18.50 and I slide the card laying on the counter to the cashier, then sign off on it. When i get the card back it says Tammie Smith, not my mom-in-laws name. I asked my wife if she knew tammie she said no, neither did I. I assumed she laid the card down, she assumed I did. Then I take her to get cigs and she signs off for 4.00. 5 min later cops are at my house saying we used a stolen card and I give them the card and receipt.. explaining that I got it from my mother-in-law.

Days go by, and the police call me monday the 4th and want to see me and my wife. I told them the story above and they said they believed my wife but thought I was lying. Im being charged with felony recieving, holding, or concealing a credit card and misdeamoner unauthorized use.

I cant afford an attorney, it was an innocent mistake. Will the judge postpone my April 29th court date til I can afford one you think? What do i do>

OK...so a lot of people here think that by using the card a second time made the crime worse...which I agree...then how come your wife who signed the second time...is not being charged?

Why do they believe her...but not you?

She knew it said Tammie Smith when she signed.

And she did after all sign just like you did.

[Danny White]

Worse, you used in on the 2 most guilty looking items, beer and cigarettes. It couldn't be diapers and formula?

That's what I was thinking too... if money is so tight, why spend it all on beer and cigs?


Sorry about your situation, but it certainly doesn't look good. The card had obviously been stolen (not saying it was by you) or else the cops wouldn't have been on the lookout for usage on the card so quickly.

Also curious, how did they track you down to your home?

[Sam I Am]

That's what I was thinking too... if money is so tight, why spend it all on beer and cigs?


Sorry about your situation, but it certainly doesn't look good. The card had obviously been stolen (not saying it was by you) or else the cops wouldn't have been on the lookout for usage on the card so quickly.

Also curious, how did they track you down to your home?

I remember many times seeing people purchasing candy bars, sodas, ice cream and t-bone or nystrip steaks with food stamps.

I wanted to take them away and slap them for that. Give the stamps to people I knew that actually needed them.

[bbgun]

http://2.bp.blogspot.com/_g9QzuG_3Q_E/TLoW7G9alCI/AAAAAAAAA-4/AzO1v8nWOFs/s1600/joe-pesci-my-cousin-vinny.jpg

lemme give my cousin a call

[Danny White]

Also, don't you usually need a PIN to use a debit card?

[Faerluna]

Also, don't you usually need a PIN to use a debit card?

Most have a credit card logo and you can use it as a credit card by just signing the slip.

[joseephuss]

Most have a credit card logo and you can use it as a credit card by just signing the slip.

Which is why retailers sometimes(although less frequently nowadays) check an I.D. to compare it against the card being used.

[Faerluna]

Which is why retailers sometimes(although less frequently nowadays) check an I.D. to compare it against the card being used.

I use my debit as a credit card all the time (my bank gives reward points when you use as credit) and the only place that ever asks me for ID is Hallmark. lol

[ninja]

It looks like you are up the proverbial creek without a paddle.

And your biggest problem might not be the court but your marriage. I'd have to seriously wonder about your mother-in-law. A) What was she doing with a stolen credit card? B) How did she know there was $26 left C) And why on earth would she give a known stolen credit card to her daughter and son-in-law?

If it were me, I wouldn't so much be looking for a criminal lawyer but a divorce attorney.

Good luck, anyways. Let us know how it plays out.

[CowboyDan]

It looks like you are up the proverbial creek without a paddle.

And your biggest problem might not be the court but your marriage. I'd have to seriously wonder about your mother-in-law. A) What was she doing with a stolen credit card? B) How did she know there was $26 left C) And why on earth would she give a known stolen credit card to her daughter and son-in-law?

If it were me, I wouldn't so much be looking for a criminal lawyer but a divorce attorney.

Good luck, anyways. Let us know how it plays out.

You would divorce your wife over your mother-in-law?

[joseephuss]

I use my debit as a credit card all the time (my bank gives reward points when you use as credit) and the only place that ever asks me for ID is Hallmark. lol

Hallmark checks my ID as well. Never really thought much about it since I only go in there at Christmas time.

[Dallas]

On the back of my credit card it has my sig + a note that says...

"Please check ID"


I think they have only checked my ID about 4-5x. :D They just want the $$

[bbgun]

That's what I was thinking too... if money is so tight, why spend it all on beer and cigs?

Ah, but it wasn't his hard earned dollars he was spending. Much easier to rationalize spending someone else's money on vices like booze and cigs.

[Dallas]

It looks like you are up the proverbial creek without a paddle.

And your biggest problem might not be the court but your marriage. I'd have to seriously wonder about your mother-in-law. A) What was she doing with a stolen credit card? B) How did she know there was $26 left C) And why on earth would she give a known stolen credit card to her daughter and son-in-law?

If it were me, I wouldn't so much be looking for a criminal lawyer but a divorce attorney.

Good luck, anyways. Let us know how it plays out.

^^^^:laugh2: this guy. Comedy Hour!

P.S. If you take this advice and do anything following it, we don't want to know anything. :D

NEWSFLASH: Your marriage isn't any of our business nor was it even discussed by the OP.

Thanks
CBZ.COM

[Dallas]

Ah, but it wasn't his hard earned dollars he was spending. Much easier to rationalize spending someone else's money on vices like booze and cigs.


Agreed. The other thing that is a little bothersome for me is that you have a few here in this thread saying...

"Gosh..all of that for 25$?" "It was ONLY 25$ bucks...." :confused:

A thief is a thief is a thief. It doesn't matter if it was $4. They seem to miss the point using a STOLEN CREDIT CARD.

That amount used is completely irrelevant. :eek:

[CowboyDan]

Agreed. The other thing that is a little bothersome for me is that you have a few here in this thread saying...

"Gosh..all of that for 25$?" "It was ONLY 25$ bucks...." :confused:

A thief is a thief is a thief. It doesn't matter if it was $4. They seem to miss the point using a STOLEN CREDIT CARD.

That amount used is completely irrelevant. :eek:

Not entirely true. The law uses dollar amounts to classify crimes sometimes. I thought < $500 = misdemeanor , >$500 = felony, but I guess it's different when credit cards are involved. Not sure.

[Dallas]

Not entirely true. The law uses dollar amounts to classify crimes sometimes. I thought < $500 = misdemeanor , >$500 = felony, but I guess it's different when credit cards are involved. Not sure.

Very different when using a credit credit.

[tupperware]

FiznEMknjr0

[CowboyDan]

Very different when using a credit credit.

Gotcha, thanks for clearing that up. Figured that's what you were getting at.

Does anyone else think it's odd that the OP hasn't responded to any of our replies? Think he's in the clink?? :D

[bbgun]

A few more questionable purchases and he'll be qualified to play WR for the Cowboys.

[Dallas]

Gotcha, thanks for clearing that up. Figured that's what you were getting at.

Does anyone else think it's odd that the OP hasn't responded to any of our replies? Think he's in the clink?? :D
http://www.eurthisnthat.com/wp-content/uploads/2009/02/madea-jail-poster-blond.jpg :laugh2:

[joseephuss]

Not entirely true. The law uses dollar amounts to classify crimes sometimes. I thought < $500 = misdemeanor , >$500 = felony, but I guess it's different when credit cards are involved. Not sure.

Very different when using a credit credit.

And when you steal millions and millions of dollars from people through ponzi schemes or manipulating the market you don't get punished at all. :D

[Meat-O-Rama]

And when you steal millions and millions of dollars from people through ponzi schemes or manipulating the market you don't get punished at all. :D


http://www.vosizneias.com/wp-content/uploads/2009/06/madoff-jail-uniform.jpg

Berni Madoff begs to differ...

[Dallas]

http://www.vosizneias.com/wp-content/uploads/2009/06/madoff-jail-uniform.jpg (http://www.vosizneias.com/wp-content/uploads/2009/06/madoff-jail-uniform.jpg)

Berni Madoff begs to differ...

Exactly. Holmes didn't just go to jail...they got put UNDER the jail. As they should have!

I read he's been beaten up a few times already. All of those families lives he ruined.

Unreal.

[Crad|e]

OK...so a lot of people here think that by using the card a second time made the crime worse...which I agree...then how come your wife who signed the second time...is not being charged?

Why do they believe her...but not you?
She knew it said Tammie Smith when she signed it.

And she did after all sign just like you did.
first off i have no priors, so if i get an attorney i think i'll be ok. Let me clear something up. Tammie Smith left the card on the counter and the whole time my wife actually had her moms CC.. she somehow thought i had it.

this is exactly what im wondering.. how can they say im guilty but shes innocent when the Sargent asked me if the 2nd purchase was her signature when i didn't even go in the store.

[Crad|e]

The sargent might of felt sorry for my wife she was crying and her mother was diagnosed with stage 4 breast cancer a cpl months ago. Its almost like he had to take someone in for the crime.

[Crad|e]

Also those saying that I can get a public attorney are not correct. Because I posted bond to get out of jail it takes the option of a public defender out, which I think is BS.

[ninja]

You would divorce your wife over your mother-in-law?

If my mother-in-law was giving my wife known stolen credit cards and my wife was using said credit card. Yeah, I would consider getting as far away from that family as possible.

Don't you think it might be a little tough on the marriage if you are in jail doing time because your mother-in-law gave your wife a stolen credit card? Yeah, like that wouldn't become a wedge issue. Oh, and then there is that thing called trust. I ain't trusting my wife if she is using a stolen credit card given to her by her mother.

"Honey, Mom says hi and not to worry. You will get out of jail soon. Don't worry about that felony on your record. Mom don't like politics anyway so not being able to vote ain't no biggie. You won't be able to buy a gun, but mom doesn't like guns anyway. And you won't be able to sign a lease on an apt because you are a felon. That's ok. We will live with mom. I sure hope employers don't find out about that felony conviction."

I'm seeing a lot of red flags that say cut your losses now.

[CowboyDan]

If my mother-in-law was giving my wife known stolen credit cards and my wife was using said credit card. Yeah, I would consider getting as far away from that family as possible.

Don't you think it might be a little tough on the marriage if you are in jail doing time because your mother-in-law gave your wife a stolen credit card? Yeah, like that wouldn't become a wedge issue. Oh, and then there is that thing called trust. I ain't trusting my wife if she is using a stolen credit card given to her by her mother.

"Honey, Mom says hi and not to worry. You will get out of jail soon. Don't worry about that felony on your record. Mom don't like politics anyway so not being able to vote ain't no biggie. You won't be able to buy a gun, but mom doesn't like guns anyway. And you won't be able to sign a lease on an apt because you are a felon. That's ok. We will live with mom. I sure hope employers don't find out about that felony conviction."

I'm seeing a lot of red flags that say cut your losses now.

I think you're being a bit presumptuous. The OP is telling us it was a mistake, not a planned crime.

[WV Cowboy]

first off i have no priors, so if i get an attorney i think i'll be ok. Let me clear something up. Tammie Smith left the card on the counter and the whole time my wife actually had her moms CC.. she somehow thought i had it.


If she thought you had her Mom's credit card, whose did she think she was using at the second stop?

Just wondering.

[heavyg]

I can see the mistake on the first charge. But there is a second charge on the card AFTER noticing it was the wrong card. THAT is the biggie

[Hostile]

Not entirely true. The law uses dollar amounts to classify crimes sometimes. I thought < $500 = misdemeanor , >$500 = felony, but I guess it's different when credit cards are involved. Not sure.
Assume the card was yours. Do you want him to reach $500? Or are you just as happy with $22.50? If it was only the $22.50 are you willing to forgo your rights to him being charged with a felony because he didn't make it to $500?

[Crad|e]

She left the card on the counter and my wife and I accidentally used it. We had the exact same style cc in her wallet w her moms name on it the whole time.

I admit its a stupid mistake and if I werent the one involved I'd be a little weary about the story. Im not a thief and have tried to contact Tammie Smith on facebook (could be another crime I just found out), I feel bad for using her card.

To me, this is a corrupt system and never thought I'd be on this end of it.

[Hostile]

I can see the mistake on the first charge. But there is a second charge on the card AFTER noticing it was the wrong card. THAT is the biggieYep. I've also been wondering why he had to go somewhere else for cigarettes? I've never heard of a place that sells beer not having smokes too. It looks more like a "hey we've got free money let's live a little" based on that.

[heavyg]

She left the card on the counter and my wife and I accidentally used it. We had the exact same style cc in her wallet w her moms name on it the whole time.

I admit its a stupid mistake and if I werent the one involved I'd be a little weary about the story. Im not a thief and have tried to contact Tammie Smith on facebook (could be another crime I just found out), I feel bad for using her card.

To me, this is a corrupt system and never thought I'd be on this end of it.

First time mistake second time intentional....Unless I/we are completely missunderstanding the situation

[Crad|e]

My wife assumed Tammie Smith was her mom's friend or something.. They have me on camera staring at the card after the purchase for like a minute, thats what makes me guilty.

[heavyg]

My wife assumed Tammie Smith was her mom's friend or something.. They have me on camera staring at the card after the purchase for like a minute, thats what makes me guilty.

Yup. There ya have it. I think your best bet is to try to plea to a lesser charge. Hopefully it will be a fine and time served.

[Crad|e]

Yep. I've also been wondering why he had to go somewhere else for cigarettes? I've never heard of a place that sells beer not having smokes too. It looks more like a "hey we've got free money let's live a little" based on that.

We we're trying to save money, the cigs were cheaper across the street.

[Hostile]

She left the card on the counter and my wife and I accidentally used it. We had the exact same style cc in her wallet w her moms name on it the whole time.

I admit its a stupid mistake and if I werent the one involved I'd be a little weary about the story. Im not a thief and have tried to contact Tammie Smith on facebook (could be another crime I just found out), I feel bad for using her card.

To me, this is a corrupt system and never thought I'd be on this end of it.I believe you about the accident. Last week I bought sandwich at a local place. I had put my card on the counter but I noticed the clerk swiped a different card. It belonged to the previous customer who had walked off without it.

Under no circumstances would I have ever allowed that because I know it is a crime. As soon as you saw the wrong name, you should have fixed it. It is compounded by the 2nd purchase, after you knew it was not your MIL's card.

The amount is minimal, but your actions are wrong and I hope you can get Ms. Smith to work with you. I can tell you this, if I were her, I wouldn't. Not trying to be harsh, but if someone uses my money and acts like I don't matter, I am going to get my pound of flesh.

[Crad|e]

If one pack of cigs is "lets live a little".. wow

[Hostile]

We we're trying to save money, the cigs were cheaper across the street.
They were cheaper with someone else's money too, but look where that has you. I agree with Heavy. Plea down and make restitution.

[heavyg]

If one pack of cigs is "lets live a little".. wow

lets live a little on someone elses money?

[Hostile]

If one pack of cigs is "lets live a little".. wowTwo transactions are. Not the product bought. The police have no evidence that you'd not use the card again and again and again. You assured them of that by buying more. Also your story has changed. Now you are staring at the card and before you told us your wife bought the cigarettes.

[Crad|e]

If you guys arent willing to admit theres a problem with my wife walkng free and me being chairged with a felony for a n innocent mistake.. then what is the judge going to do?

[heavyg]

If you guys arent willing to admit theres a problem with my wife walkng free and me being chairged with a felony for a n innocent mistake.. then what is the judge going to do?

It seems your not willing to admitt there was a crime with the second purchase. AFTER you knew it wasn't your card. Regardless of who made the purchase you BOTH knew it wasn't your MIL's card. Tech you both are guilty for both purchases mistake or not.

[Crad|e]

My story hasn't changed. I bought the food and beer for 18.50 with the card on the counter (which i thought my wife laid down) at Pop Shop in Dewey, OK. She asked me to take her across the street for cigs because they are cheaper, which I gave her the card and she did for 4.00 exactly.

How does she walk and Im guilty?

[heavyg]

My story hasn't changed. I bought the food and beer for 18.50 with the card on the counter (which i thought my wife laid down) at Pop Shop in Dewey, OK. She asked me to take her across the street for cigs because they are cheaper, which I gave her the card and she did for 4.00 exactly.

How does she walk and Im guilty?

She shouldn't. So your only issue is that she is not charged with a crime? I can see your frustration in that. But YOU gave her the card you said you stared at after the first purchase. So whose more at fault?

[Hoofbite]

So. Took the card and didn't look at the name.

Spent money.

Noticed the name.

Spent more money.

Innocent, you are not.

[Dallas]

So. Took the card and didn't look at the name.

Spent money.

Noticed the name.

Spent more money.

Innocent, you are not.


It was just $25.00...... :confused:


:laugh2:

[Crad|e]

Why would I stare at the card forever on camera if I knew it was stolen?

Regardless you've got to take the amount spent here into consideration... 22.50 total. 18.50 me, come on a felony?

[adamc91115]

Why would I stare at the card forever on camera if I knew it was stolen?

Regardless you've got to take the amount spent here into consideration... 22.50 total. 18.50 me, come on a felony?

Well... Why would you use that card again after you stare at it forever on camera?

You were fine until the second purchase.

[Crad|e]

Whats it matter if theres one purchase or 100 purchases done on the card? The amount is 22.50, obviously not a thief trying to maximize his theft.

[Doomsday101]

Why would I stare at the card forever on camera if I knew it was stolen?

Regardless you've got to take the amount spent here into consideration... 22.50 total. 18.50 me, come on a felony?

Maybe not a felony but some states are pretty strick on petty theft. Bottom line you used someone else card I really don't care if it was 20 bucks or 5 bucks I know I would be hacked off if someone was stealing money from me.

[Doomsday101]

Legal Distinctions
Under Texas law, credit card theft is punishable under the same statutes as shoplifting, check fraud, possession of stolen property, embezzlement and theft of services. Credit card fraud includes using a canceled or expired credit or debit card, lying on a credit card application or obtaining a credit card by using the personal identification of another person, commonly known as identity theft.

Criminal Offenses
Both theft and fraud offenses are considered acts of deception by depriving the lawful owner of the value of the stolen items. Criminal intent must be proven. A misdemeanor theft charge carries a lesser sentence than a felony theft or fraud by identity charge which carry equal penalties.

Penalties
The penalties for felony credit card theft or fraud are: six months to two years in state prison for theft of five stolen cards or a value up to $50; two to 10 years for up to 10 cards or a $10,000 value; up to 20 years for up to 50 cards or a $200,000 value; and five to 99 years for 50 cards or a $200,000 value. Each violation carries fines of up to $10,000. Any sentence may also include restitution.

Lesser Sentences
Credit card thefts valued at less than $1,500 are considered misdemeanors in Texas and carry lesser sentences. Thefts valued at less than $50 carry a fine of up to $500; for values up to $500 the penalty is six months in county jail and a fine of up to $2,000; for theft of up to $1,500 value the maximum sentence is one year in county jail and a $4,000 fine. In addition, those convicted of misdemeanor or felony credit card theft may be prohibited from employment in industries requiring access to money or customers' personal information.

Evidence
Proof of credit card theft includes signed credit card receipts, fraudulent credit card applications and illegal online purchases. In addition, the mere possession of a card without permission, whether the card is used or not, is considered evidence of criminal intent.



Read more: Penalty for Credit Card Theft in Texas | eHow.com http://www.ehow.com/about_6667958_penalty-credit-card-theft-texas.html#ixzz1JLWPLE3w

[Crad|e]

I wonder what Oklahoma law is.. every attorney is acting like im looking at 6 mths minimum with no priors.

[theogt]

I don't think it's really helpful to you at this point to debate whether or not you're likely to be determined guilty or if that's even fair. The reality is that it's a serious possibility that you will be found guilty and if you do not have a lawyer, you can get royally screwed in this process. You say you cannot afford a lawyer, but I say you can't afford not to have a lawyer. Do whatever you can to get one. It will mean the difference between ruining the rest of your life and not.

[Doomsday101]

I wonder what Oklahoma law is.. every attorney is acting like im looking at 6 mths minimum with no priors.

I don't know but come on the 2nd time you used it? You knew it was not your card and did not know the person who the card belonged to. Come On Man

[Dallas]

Please remember what they are charging him w/ which results in a felony.

felony recieving, holding, or concealing a credit card


The misdemeanor involved is the actual purchase and use.

[joseephuss]

I would stop posting specifics about it on a message board especially if you are using the real name of the person on the card. That do more harm than good. Hire a lawyer. Innocent, not-guilty, guilty doesn't matter at this time. You will need a lawyer for any of those options.

[zrinkill]

Whats it matter if theres one purchase or 100 purchases done on the card?

I think I just found out your problem.

[Crad|e]

Whatever if 18.50 puts a felony on a good man then we might as well go back to slavery.

[CowboyDan]

Assume the card was yours. Do you want him to reach $500? Or are you just as happy with $22.50? If it was only the $22.50 are you willing to forgo your rights to him being charged with a felony because he didn't make it to $500?

What does this have to do with the letter of the law? All I was saying was that the law classifies crimes differently based on amounts, in some cases.

I'm still disturbed by the fact that they knowingly made a second purchase on the card after they knew it wasn't their card. He has yet to address this directly with a response.

[Doomsday101]

Whatever if 18.50 puts a felony on a good man then we might as well go back to slavery.

Oh please, you got caught and knew it was not your card, good men do not do that a Thief does. Make yourself out as a victim please

[joseephuss]

Whatever if 18.50 puts a felony on a good man then we might as well go back to slavery.

Are you Adrian Peterson? I guess with the lockout finances have become tight.

[Crad|e]

The 2nd purchase was done by my wife, she sgned off on it. She bought cigs (i dont smoke), i stayed out in the truck and waited.

[Doomsday101]

The 2nd purchase was done by my wife, she sgned off on it. She bought cigs (i dont smoke), i stayed out in the truck and waited.

But you knew it was not your card or your mother in law. I don't think the wife or Mother in Law should get off either.

[Hoofbite]

Why would I stare at the card forever on camera if I knew it was stolen?

Regardless you've got to take the amount spent here into consideration... 22.50 total. 18.50 me, come on a felony?

Why did u take the items after staring at the card?

And I don't have to take the amount spent into consideration. Not when a story is so blatantly shaky.

[CowboyDan]

The 2nd purchase was done by my wife, she sgned off on it. She bought cigs (i dont smoke), i stayed out in the truck and waited.

Ok, but she intentionally used a card that she knew wasn't hers, right?

[Crad|e]

Watch your local news guys, im going to change the law on this charge. they should of never let my wife walk, shes more guilty than me. accidents happen and felonies shouldn't be involved.

[ninja]

One curious question Cradle, who's name did you or your wife sign on the credit card receipt?

Or was Miss Smith's card a debit card and there was no receipt?

I hope you get a lenient, understanding judge who will knock it down to a misdemeanor. Good luck. Keep us posted.

[Doomsday101]

Watch your local news guys, im going to change the law on this charge. they should of never let my wife walk, shes more guilty than me. accidents happen and felonies shouldn't be involved.

How it is an accident? You saw the name, was it your name? NO!

I can see why you can't sell the story to the police, your not doing a good job selling it here.

[joseephuss]

But you knew it was not your card or your mother in law. I don't think the wife or Mother in Law should get off either.

If I am following correctly the mother-in-law did nothing wrong. The card the mother-in-law gave them was never used. They accidentally used a card that was lying on the counter at the first place. They then used that same card again at the second location. That was not how it was presented in the original post, but I think he clarified that later on in this thread. Of course I could be wrong.

[bbgun]

Watch your local news guys, im going to change the law on this charge. they should of never let my wife walk, shes more guilty than me. accidents happen and felonies shouldn't be involved.

you two sound very close :rolleyes:

[Dallas]

Watch your local news guys, im going to change the law on this charge. they should of never let my wife walk, shes more guilty than me. accidents happen and felonies shouldn't be involved.


:laugh2:

You keep arguing the misdemeanor purchase and completely ignore the actual bad part of the whole situation.

felony recieving, holding, or concealing a credit card

The 25.00 isn't the bad part. It's knowing you had a stolen or whatever NOT YOUR credit card and you continued using it. :D

They are just letting your wife go because she's a girl and we all know you have to be nice to the ladies.


BTW: Is your wife hot? Cops loooove hot wives.

[joseephuss]

:laugh2:

You keep arguing the misdemeanor purchase and completely ignore the actual bad part of the whoe situation.

felony recieving, holding, or concealing a credit card

The 25.00 isn't the bad part. It's knowing you had a stolen or whatever NOT YOUR credit card and you continued using it. :D

They are just letting your wife go because she's a girl and we all know you have to be nice to the ladies.

They are letting the wife go because she was in the other room telling the cops that her husband made her do it.

[CowboyDan]

Watch your local news guys, im going to change the law on this charge. they should of never let my wife walk, shes more guilty than me. accidents happen and felonies shouldn't be involved.

Wait a minute....are you a San Francisco 49ers fan?? Indiana Jim, is that you?

[joseephuss]

Wait a minute....are you a San Francisco 49ers fan?? Indiana Jim, is that you?

Well, Indiana Jim did do well on his LSAT.

[bbgun]

Why did u take the items after staring at the card?

And I don't have to take the amount spent into consideration. Not when a story is so blatantly shaky.

His defense seems to be "Sure I stole, but it only came to $22.50." Good luck with that.

[ninja]

Watch your local news guys, im going to change the law on this charge. they should of never let my wife walk, shes more guilty than me. accidents happen and felonies shouldn't be involved.

you two sound very close :rolleyes:

I suggested he may need a divorce attorney more than a criminal attorney several pages back.

[Dallas]

They are letting the wife go because she was in the other room telling the cops that her husband made her do it.


Cop1: Your husband made you do it didn't he?

Wife: Oh my gosh. It's like you were there.

Cop2: He looks shady. Does he beat you? Were you afraid for your life?

Wife: Ummm uhhh....He threatened to hurt me of if didn't by the pack of KOOL's

Cop1: I KNEW IT!! He looks bad. Why do nice girls like you end up with the bad guys like him? There are lot of good guys out there. You should move on with your life. We are going after your husband.

Cop2: We'll be back in a few minutes once we go over and explain that we now have all the evidence we need to put your husband behind bars. He won't be hurting you anymore miss.

Wife: Thank you....thank you...you just don't know.

Cop1: Oh we know...

Cop2: We know...

Crad|e: Hello sir. Did my wife explain it all? Can I go now?

Cop1&2: Oh we got the story....please turn around and place your hands on the wall and spread your legs....you have the right to remain silent...

Crad|e: Honey? Will you wait for me?

Wife: I love you baby.....I'm sorry.


:laugh2:

[bbgun]

I suggested he may need a divorce attorney more than a criminal attorney several pages back.

I hope his accomplice wife doesn't read this board. Sounds like he'd sell her out for a pack of Marlboros.

[Dallas]

I hope his accomplice wife doesn't read this board. Sounds like he'd sell her out for a pack of Marlboros.

Us real criminals smoke

http://www.bambootrading.com/4100/4111.JPG or nothing at all. :starspin

[CowboyDan]

I suggested he may need a divorce attorney more than a criminal attorney several pages back.

But why would they get a divorce, that's his partner in crime.....

[Crad|e]

Answer me this.. Why would a 27 yr old (almost 28) risk freedom, money, and his future risk everything for 18.50? Then let his wife use it for $4? When all along we had money just on a different card.

Im not being vindictive but if I was to going to steal it would be more than 18.50 and I wouldnt try to save money by going across the street for cigs. I would of spent my mother-in-laws money at the gas station then bought something expensive with the other card for a felony, not cheap beer and food.

[tupperware]

And now the sentence for these heinous crimes committed against Tammie Smith. I hereby sentence you, Crad|e, to a term of no less than four years in federal-pound-me-in-the-behind-prison. Crad|e, you've lead a trite and
meaningless life. And you're a very bad person.

[Crad|e]

I posted this on here to see what a jury of my peers might say... let me just say im highly disappointed and a little hurt.

[theogt]

I posted this on here to see what a jury of my peers might say... let me just say im highly disappointed and a little hurt. If it wasn't already evident this guy is trolling....

[Crad|e]

If it wasn't already evident this guy is trolling....
*** is trolling? why are you all like this?

[zrinkill]

I posted this on here to see what a jury of my peers might say... let me just say im highly disappointed and a little hurt.


:laugh2:

[bbgun]

*** is trolling? why are you all like this?

If people think you were in the wrong based on the information you've provided, then what are they supposed to do? Lie and give you a false sense of confidence? That'd be disastrous for your sake.

[Hoofbite]

I posted this on here to see what a jury of my peers might say... let me just say im highly disappointed and a little hurt.

Don't steal. That's what we'll say.

Your story is so blatantly shaky it isn't even funny. You stared the card, had no clue who's name was on it and still bought items with it. Then you went across the street and watched your wife buy more stuff.

Honestly, your post about "changing the law" sounds like you're more pissed that your accomplice is getting away scott free than it does you being pissed from getting charged in the first place.

[Crad|e]

So I wait til im 28 to start stealing 18.50? really

[Crad|e]

at least read the charges.. it isn't "stealing". It's receiving, holding, or concealing a mislaid card.

[Dallas]

at least read the charges.. it isn't "stealing". It's receiving, holding, or concealing a mislaid card.


:laugh2: mislaid


You realize that labeling it something other than what it is, doesn't change the angry face you will get from the judge come sentencing time?

But your honor...


MISLAID

She intentionally MISLAID it out for other to access it. It's her fault, not ours. :laugh2:

[BrAinPaiNt]

This thread is over.

This guy is either trolling big time and getting all the attention he is craving or ...well let's just say he is not doing himself any favors.

Edited....

http://www.google.com/#sclient=psy&hl=en&q=free+legal+advice+in+oklahoma&aq=f&aqi=g1g-j1&aql=&oq=&pbx=1&fp=4ba30f273d767bc

[Hostile]

Why would I stare at the card forever on camera if I knew it was stolen?

Regardless you've got to take the amount spent here into consideration... 22.50 total. 18.50 me, come on a felony?The amount doesn't matter. The act does. If I take your card and spend $22.50 on gas I have committed a felony with one transaction.

[Hostile]

If I am following correctly the mother-in-law did nothing wrong. The card the mother-in-law gave them was never used. They accidentally used a card that was lying on the counter at the first place. They then used that same card again at the second location. That was not how it was presented in the original post, but I think he clarified that later on in this thread. Of course I could be wrong.I wonder what the store video will show about that card? It could either hang him or exonerate him. I still think he needed to point it out to the clerk and do the right thing.