Criminal Trial... Im Innocent Help

[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:

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.

 

[JohnnyHopkins]

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.

 

[zrinkill]

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

:laugh2:

 

[Concord]

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?

 

[YosemiteSam]

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]

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

 

[TwoCentPlain]

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.