While receiving an accusation for credit card theft can be a daunting situation, know that you do not have to face it alone. A professional Michigan credit card theft lawyer can work to build a defense strategy on your behalf or construct a plea deal to help mitigate your potential penalties. Read on to learn more about how a qualified defense attorney could fight for your rights today.
What Constitutes Credit Card Theft?Credit card theft occurs when an individual possesses and attempts to use another individual's credit card or credit card information without his or her authorization. Generally, credit card fraud refers to a broader range of crimes than does credit card theft. While credit card theft is subsumed under credit card fraud, credit card fraud also refers to other types of activity that involve the fraudulent use of a credit card or credit card information. For example, an individual may commit credit card fraud if he or she makes purchases or attempts to make purchases above the allocated limits using his or her own credit card or credit card information.
Mistaken PossessionGenerally, mistaken possession of another individual's credit card will not result in charges of credit card theft. For instance, if two individuals are out to dinner and mistakenly exchange credit cards, it is unlikely that either will be charged with a crime, so long as neither makes an exorbitantly large, out-of-the-ordinary purchase using the other individual's credit card or credit card information. Instead, such misunderstandings are often worked out between the two parties without any need of formal charges.
What Does the Prosecution Need to Prove?The prosecutor needs to prove, beyond a reasonable doubt, that the individual who had the subject credit card or credit card information actually had that card or information, did not have the right to use that card or information, knew that card or information was not his or her own, and used that card or information to purchase goods or services, or made an effort to do so.
A Michigan credit card theft lawyer, on the other hand, will take into consideration the totality of the circumstances, including the amount of money involved and the relationship between the cardholder and the alleged thief. He or she will examine the evidence in the prosecution's possession and attempt to establish faults in the prosecution's case such that it cannot prove each element beyond a reasonable doubt. Reach out to a weathered defense attorney to learn more.
Working with a Michigan Credit Card Theft LawyerA credit card theft conviction is associated with a maximum of four years of incarceration. However, despite such considerable consequences, many individuals who have been charged with credit card theft may be able to negotiate a plea deal in which they make restitution in exchange for dropped charges.
An individual who has been charged with credit card theft should, therefore, contact an experienced Michigan credit card theft lawyer who can begin negotiating on their behalf as soon as possible in order to reduce the likelihood of a conviction.
Such an attorney knows not only the relevant law but also the local prosecutors and is therefore in the best possible position to facilitate negotiations and work toward the defendant's best interests. When an attorney is involved from the beginning, four years of incarceration can be reduced to mere restitution, without any lasting mark on the charged individual's criminal record. If you have received accusations of credit card theft, consider reaching out to a dedicated Michigan credit card theft lawyer today for your initial consultation.