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Zoey, JD
Zoey, JD, Attorney
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My son is 21 yrs old , he was arrested for access cards to

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My son is 21 yrs old , he was arrested for access cards to defraud his bail is 780,000. Hes never been in trouble before. Whats he looking at
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.
Hello Jacustomer,

This is a fraud offense in California, and as a general rule, a first offense on a non-violent charge could likely be disposed of in a plea bargain with a sentence of probation and restitution for the monies obtained.

That said, there are many subsections of the Debit and Credit Card Access Fraud statutes, some more serious than others. And bail in the amount of $780,000 is unusually high.

What is he actually accused of having done? Please use the reply tab below and I can refine my answer.
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 17313
Experience: Active member of the NYS bar since 1989
Zoey, JD and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

he was pulled over and had these access cards on him worth 780,000 but he hadnt used them yet

Expert:  Zoey, JD replied 1 year ago.
Hi,

Basically, in California this would be a wobbler, which is to say it could be prosecuted as a misdemeanor or a felony. As a misdemeanor, the maximum is a year in jail and a fine of up to $1,000. As a felony, the maximum would be 3 years of state prison and a fine of up to $10,000.

Bailing him out was a very good idea. He needs a lawyer, of course, as the consequences can be serious, but now that he's out and since it's a first arrest, felony probation is not at all an impossible outcome.
Customer: replied 1 year ago.

i couldnt bail him out, they wanted 58,000 and property which i dont have. his next court date is on 08/01/13. i dont know what to do

Expert:  Zoey, JD replied 1 year ago.
Hi,

I'm sorry. I misunderstood. I thought that when you said you'd already tried bailing him out, you'd done so.

He will have a public defender assigned to him when he goes before the judge. He or she can make a new bail application. Additionally, as I have indicated, the maximum for the charge is 3 years of prison and first arrests would not be offered the maximum. Again, though probation is not a certainty with a first non-violent felony, it is common enough that his lawyer may be able to negotiate for a reduction of charges and a non-incarceratory sentence.

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Zoey, JD
Zoey, JD
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Active member of the NYS bar since 1989