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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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In 2015 I was going thru a financially hard time, my step

Customer Question

Hello, in 2015 I was going thru a financially hard time, my step dad helped pay our bills and bought our kids Christmas presents . Je had some charges appear from china amd disputed them thru discover. Discover told him they could not give him amy info , but they could give the info to the police. My dad went up town to our local small town police station here in bournon, indiana. He chit chatted with the officer outside of the station, never signed , recorded anythinh, never mentioned pressing charges, . Just wanted the information from discover. He specifically told them that any charges made by me , he would pay for, amd have been approved. Last week I was arrested for felony fraud level 6, and have to go to court in 2 weeks. My step dad (the victim) amd I tried to go explain the misunderstanding to the prosecutor. She told us, it's picked up by the state amd out of there hands. I'm just looking for some advice, being a mom of 4, with NO past criminal history at all. My mind is blown over this. Cam they really convict someone of a crime when the victim never wanted to have charged pressed ? And when the charges I have spent have been approved ? If not, what steps do I meed to take and what punishment , if any, am I looking at ?
Thank you
Submitted: 6 months ago.
Category: Legal
Expert:  RobertJDFL replied 6 months ago.

Thank you for using Just Answer. I look forward to assisting you today.

Since the state, through the prosecutor's office makes the decision whether to file charges against someone, yes, they really can decide to file charges regardless of whether a "victim" wants them to or not. An individual cannot actually press charges on their own (as is often portrayed in movies/television) -they can file a police report, but ultimately, the state files charges.

That said, your father should be able to talk to the prosecutor's office and explain that any charges for things he bought for you/your family were authorized and not fraudulent, and he was not a victim in this case. Any fraudulent charges were made out of China instead. Alternatively, if they won't talk to your father, then your lawyer can have him sign an affidavit to this effect and take it to the prosecutor and try to get the case dismissed.

A level 6 felony conviction for credit card fraud in Indiana is punishable by 6 months -2.5 years in prison and/or up to a $10,000 fine. However, these are not mandatory sentences, meaning a judge has discretion in how they sentence a person who was convicted, and with no prior criminal record, I would think any sentence would be much less. It is even possible that a plea deal could be worked out to avoid jail time in lieu of probation to include things like restitution, a fine, and community service, for example. However, my hope -and what given the circumstances your lawyer should push for - is to have the charge dismissed entirely since you didn't steal anything. Your father willingly bought those things, and there was no intent to defraud him, and thus no crime.

If you need clarification or additional information, please REPLY and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars before you sign out, so I am credited for my time today. Thank you!

Expert:  RobertJDFL replied 6 months ago.

Just following up with you. Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars, as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you.

Expert:  RobertJDFL replied 5 months ago.

Hello, I haven't heard back from you in a couple of days.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars, as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you.