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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 486
Experience:  Attorney and Counselor at Law
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I have a question about credit card fraud

Customer Question

I have a question about credit card fraud
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 6 months ago.
Hello. I will help you with your questions. I have been an attorney for 27 years an a district attorney for 9 years.
Customer: replied 6 months ago.
Well I opened up a credit card in my 93 year old grandfather's name. I told/asked him about it but depending on the day he either remembers or doesn't. Well discover stopped the card. They talked to him today and he said he doesn't know if he has a card and he told them I'm his power of attorney but I'm not. They then accused me of fraud and opening it without him knowing and taking advantage of him and they said they will have a decision in 24-48 hours. I'm worried I'm going to jail and they might add elder abuse. I have an 11 month old baby and no criminal record. My grandpa wouldn't press charges but I'm worried about being arrested. Do I need a lawyer? What usually happens? I'm in California
Expert:  Colleen Grady replied 6 months ago.
It is possible that Discover will report this to the police as credit card fraud. You may face felony charges under California Penal Code SECTION 484-502.9. The prosecutor would have to prove you intended to defraud your grandfather. You could also face charges for financial Elder abuse. They don't have to get your grandfather to press charges. They can press charges and may call Adult Protective Services to investigate.It is important that you consult an attorney. Here is a link from the California Bar Association to find a lawyer referral: http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspxPlease let me know if I can help more. If you are satisfied with my help, please rate me.
Expert:  Colleen Grady replied 6 months ago.
You asked about jail time. If you are convicted of a felony, you face up to 3 years in prison and a $10,000 fine. That is why it is important for you seek the advice of an attorney.
Expert:  Colleen Grady replied 6 months ago.
If you have no prior arrests, if convicted, you will be in a good position to be put on probation and not go to jail

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