Criminal Trial... Im Innocent Help

[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.

 

[TwoCentPlain]

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.