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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16407
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I was arrested for credit card fraud. My boyfriend at the time

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I was arrested for credit card fraud. My boyfriend at the time was helping me out with my bills. I did not know that he was using a stolen credit card to pay my utility bill. I was an employee at a college and the credit card he used belonged to a woman who had a student attend that college years ago. The investigator is using the fact that I was an employee at that college and because it was my utility bill and going after me. I explained to him that I had no knowledge that my boyfriend was using a stolen card. I gave him his name, address, the make and model of his car and employer. I met with an attorney recently and we both discovered that my now ex boyfriend is in jail in another state for the exact same thing(credit card fraud). I contacted the investigator and DA and informed them of this new information but they told me they did not care about that because they were going after me and I was involved. I have never committed a crime in my life and have not criminal record at all. I am a single parent and I put myself through college and earned my degree. I cannot have a felony on my record nor can I go to jail. Will they in fact convict me and send me to prison? Everyone keeps telling me that I am going to jail for a long time.
Submitted: 1 year ago via Cornell Legal Info Institute.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. How did your ex boyfriend even get the credit card number? Is it just a coincidence that the person used to go to the college you are employed at? I am inclined to believe that they charged you as a result of thinking you gave it to him. Did they say anything to you?
Customer: replied 1 year ago.


He and I had only been dating for a couple months. I am not sure if he was a former employee or student of the same school but I have no idea how he got the information. When the investigator first questioned me they said that the card belonged to one of my students. I explained to them that I did not have access to any type of credit card or payment information in the department I work in. After reading the probable cause report I discovered that it was NOT a student but a woman who had a child attend the school previously. It was also noted that my supervisor even confirmed that there was no way for me to access credit card information. The investigator and DA are both being very rude about the situation and have pretty much convicted me of the crime without even considering that this man acted alone especially since he has now been arrested in another state for the same thing. I was not able to afford a lawyer so I am using a public defender and I am just worried that they will not give me a fair hearing and my entire future will be destroyed.

Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. The burden is on the State Attorney to prove the charge against you beyond a reasonable doubt. They are going to have to show you obtained the credit card information or knew he had obtained it and used it to pay your bills. The fact that supervisor confirmed and can testify on your behalf that you would not be able to access this information through your position, is testimony which can be used to help and support your defense. In addition, you can take the stand and testify on your on behalf and explain to the jury, what happened. Seeing how you are a first time offender and this is a non-violent crime, it is unlikely that the State would seek any jail time if you were willing to take a plea or if the Judge had to sentence you if found guilty. While jail or prison is possible, the court may be more inclined to impose a probationary sentence and ask that restitution be paid. The decision is entirely up to you, if you want to fight this and go to trial or take a plea and resolve it. If you take a plea and the State offers you a withhold of adjudication, it would not be a conviction but would appear on your record.

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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16407
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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