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.

 

[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

 

[Baileyneverfailey]

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.

 

[YosemiteSam]

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: