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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114029
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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A PERSON IS CHARGED WITH 67 COUNTS OF CREDIT CARD

Resolved Question:

A PERSON IS CHARGED WITH 67 COUNTS OF CREDIT CARD THEFT - FOUR OF WHICH HE ADMITS TOO - THE OTHERS WERE PURCHASES MADE BY THE OWNERS OF THE CC BUT THEY WILL NOT ACKNOWLEDGE.   POLICE HAVE DEFAMED CHARACTER OF PERSON - GOING THROUGH NEIGHBORHOOD SAYING THIS IS A BAD GUY. ETC.   HOW DO WE DEFEND? AND SUE THE OWNERS FOR FRAUD AND LIBEL?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 years ago.
Suits for libel and/or slander and/or defamation can be brought for making statements with reckless disregard as to the truth of the statements. In order to bring such an action you must actually suffer some monetary damage. Unfortunately, the truth is an absolute defense to these charges. Because you did in fact commit the credit card theft, regardless of how many counts were actual and how many you claim were not, then the owners will have a defense. Now, if you can prove that only 4 of the charges you are actually guilty of and have some proof that the other charges were made by the owner, then you need to fight those charges and present your evidence to seek a not guilty verdict or possibly seek to have the DA dismiss those charges. It will then be up to the DA on whether or not to charge the owner with filing false charges for the counts for which you were not responsible. It will also be up to the credit card company on whether or not to charge the card owner with fraud.

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