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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115493
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I COMMITED CREDIT CARD FRAUD WITH MY OLD EMPLOYERS CARD JUST

Customer Question

I COMMITED CREDIT CARD FRAUD WITH MY OLD EMPLOYERS CARD JUST TO PURCHASE FOOD
IT WAS NO MORE THAN 200 I WOULD SAY , HE CALLED ME TODAY TO SAY THAT A RECIPET WAS UNDER MY NAME , I LIVE IN ORLANDO FL IM 26 A FEMALE THIS IS MY FIRST TIME GETTIN INTROUBLE WITH THE LAW IM SO SCARED I KNO I SHOULDNT HAVEBUT HE IS PRESSING CHARGES
Submitted: 7 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, you have a big issue, which is serious in Florida. While most employers do not want to press charges if they can get the money back in full, some just insist on making an example. Because it is credit card fraud over $100, you are subject to FELONY charges with a potential sentence of up to 5 years in prison and up to a $5000 fine.
Now, because you have no record, chances of you getting ANY jail time at all are slim to none and it could be possible for your attorney to negotiate a deferred prosecution and reduction to a misdemeanor as the amount is fairly low that you charged. However, make no mistake you NEED a lawyer if you cannot convince your former employer to let you just pay them the money back and not press charges.
If he will not agree to you paying the money back, then SAY NOTHING to him and ABSOLUTELY SIGN NOTHING. If he does agree to you paying the money back, then insist he give you something in writing saying that you will pay the debt in full in exchange for him agreeing to not prosecute you.
Customer: replied 7 months ago.
WHAT DOES IT MEAN TO MAKE AN EXAMPLE? BECAUSE HE DID SAY THAT
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
To make an example out of you, means to use you and what he does to you as a warning and notice to any other employee who may be thinking about even trying to do the same thing.
Customer: replied 7 months ago.
I HAVE SPOKEN TO OTHER LAWYERS AND THEY TOLD ME THAT I WONT BE ARRESTED RATHER THAT I WILL BE GETTING CONTACTED TO GET MY SIDE OF THE STORY AND A LETTER TO APPEAR AT COURT BECAUSE ITS 200 I WONT BE ARRESTED
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
Any other lawyer who told you that is wrong I am afraid, because they cannot predict what will happen to you and it is reckless and possibly even malpractice for them to guarantee you of not being arrested, even though many times you will only be given a summons to appear at court. In fact, that type of information is actually DANGEROUS to you.
DO NOT GIVE ANYONE your side of the story, any attorney who told you to do so evidently does not practice criminal law or is negligent. You have a right to remain silent, DO IT. Do not make any statements other than an offer to settle directly to the employer. Make no admissions of what you did, because everything you say will be used against you in court and makes defending your case more impossible for your attorney and makes getting a better deal impossible.
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
What you do not seem to understand, you did not just commit theft, which could be charged as a misdemeanor, you committed credit card fraud, which in FL over $100 of credit card fraud is a felony as stated above. For a felony they have to arrest you in most all cases. In reality, your attorney will likely be able to get it reduced and because you have no record you will most likely get probation and no jail, but you need to be aware and you need to make no statements about this to the police.
Also, please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback and it can impair your ability to get future assistance.
Thank you.

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