How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17265
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
19127644
Type Your Criminal Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

Hi. So I had a business that went under after 20 years of being

Resolved Question:

Hi. So I had a business that went under after 20 years of being successful. It was an event management company.
I had a past client that, about 6 months after the event, went to the police in our city and said that she did not receive items the videography she paid for. She also is saying that I charged her credit card falsely.
The police sent me a letter previously stating that they wanted to speak with me to clear this up. I did not respond. So now I got a hand delivered letter from the police stating that if I do not contact them by a certain date they will have be forced to believe her story.
My questions- if I do not speak with the police will they issue an arrest warrant? Isn't this more of a civil type case?
My reason for not talking to the police is that I am afraid if I say something wrong I will be arrested. I have never had an criminal charges- not even close.
I just got through chemo/radiation and this situation keeps me up all night. I don't live in that city anymore but I am in the same county.
Any help would be appreciated. I'm paranoid of speaking to the police and I'm also afraid of what will happen if I don't.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Although you are right that generally a contract issue is a civil issue, alleged credit card fraud is not. That said, I am not sure that the DA would take this case even if the police referred it to them, especially if they don't have a statement from you. That is because it just doesn't seem like a case where they could prove intent. You have absolutely no duty to give a statement to the police and, in fact, you do not want to do so unless and until you have spoken to a local criminal defense attorney about the facts of this case.

If the State wants to go forward with this charge, then they could issue an arrest warrant. But that hopefully will not happen. You should speak to a local criminal defense attorney and have them contact the police to see what they have by way of evidence and what they are looking for from you. If the attorney believes that you have the facts on your side and that the State really wants to close this, then your attorney might suggest you provide a statement. But, you don't want to ignore this or give a statement, until you speak to an attorney who can represent you locally.

Let me know if you need any clarification. I would be glad to assist you further if I can.
Expert:  Marsha411JD replied 1 year ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 9th The Site has been a little buggy lately so the Experts are not always getting replies or ratings (which is how the Experts receive credit for their work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.
Customer: replied 1 year ago.

Thank you. Sorry for late reply.


 


So if they do try to go after this--- what do they do to get an arrest warrant? How long will it take before I have one issued for me? Can they come and arrest me if I am in a different city but the same county? Different county?


 


Sorry. This is causing me so much anxiety I thought I would jump to the worst case scenario.

Expert:  Marsha411JD replied 1 year ago.
Hello again--The police would have to establish probable cause that you committed the alleged credit card fraud. They need more than just the charge card receipt. But if the other party says that she never authorized the charge, then they might convince a judge to sign off on one. But again, it is doubtful that this will get to that point. I can't tell you how long it will be because it depends on their case load and whether they have to get a warrant for the credit card records, etc. So, it could be anywhere from a few weeks to a few months. But the State has a long time under the statute of limitations which if this was charged as a misdemeanor would be one year and as a felony would be 3 years.

You can read more about the possible charges and defenses by going to: http://www.shouselaw.com/credit_card_fraud.html

Yes, they can arrest you as long as you are in the same state, but won't likely go too far to do so.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17265
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 8 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.