Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

My girlfriend has bipler type 2 sometimes she does things

Customer Question
and doesn't realize what she...
My girlfriend has bipler type 2 sometimes she does things and doesn't realize what she is doing due to the fact she is in a maniac episode anyway she met a guy on a sugar daddy web site he was giving her cash and bought her a 6000 car also gave her a photo copy of his credit card to use as she wanted or needed anyway she used it to pay bills in her name and also used the card to pay the cell phone bill that was in my name and car insurance that was in my name also bought some items from eBay under my account because she did not have an eBay account she also used my square account to pay me back money she owes me she told me at first it was a family friend helping her out and I seen all the stuff he had provided her so I figured there was no issue with her using the card I never had access to the copy of the card anyway now I'm being charged with theft and misuse of credit card even though I personally never used it she had already admitted to the detective that she was the one using it and had permission the other guy involved never told her to stop using it she used it for six months
JA: OK. Have you talked to a lawyer yet?
Customer: Yes I have he said that he will set up a time to turn myself in
JA: What advice did they give you?
Customer: To tell the truth she is also being charged with the same thing he explained that the guy gave her permission and that is not a crime to use a credit card if he gave her permission he has admitted to the detective he gave her permission to use it but got mad at her and decided to file charges after he seen some of the bills were in my name
JA: Anything else you think the lawyer should know?
Customer: Not really he has the photo copy of the credit card with the cvc code hand written on it from the other guy filing the charges
Submitted: 1 year ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 8 minutes by:
7/16/2016
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,691
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hello,

What is the question that you have about this situation? In what US state is all of this happening?

Ask Your Own Criminal Law Question
Customer reply replied 1 year ago
It happened in Ohio are the really able to file charges on me even though I did not have access to the card and she had permission and the plaintif admitted he let her use the card
Customer reply replied 1 year ago
Also he lived in stark county at the time when he gave her the copy of the card but moved not to long ago to summit county the police report was filed in summit count I would think he would of had to file in the correct jerisdictin were the supposed crim was first commited
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago

Thanks for the prompt reply.

In order to arrest you and charge you with a crime, all the State needs is something called Probable Cause. Probable cause is just a reasonable belief that you may have engaged in criminal activity.

Probable cause does not take very much evidence. Purchases made out to you on someone else's credit card would generally be suffiicient to charge you with this crime, if the complainant says you and your friend used that card without permission.

In order to convict you of a crime on the other hand, the state would have to prove your guilt beyond a reasonable doubt. That takes quite a bit of evidence, and just because the state can arrest someone doesn't mean they will be able to find a defendant guilty.

The place where the crime was committed is where the identity theft allegedly occurred. That's not where he gave her the card, but she used the card allegedly without his permission.

Ask Your Own Criminal Law Question
Customer reply replied 1 year ago
at this point they are trying to charge me off poor evadance and off this other guy word ?
Customer reply replied 1 year ago
I do have 2 warrants out on me the appear on the case docket as warrant for service. Is this an arrest warrant? Also from the facts provided do you think they have a case to prosecute me
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago

All criminal cases only need probable cause to go forward -- just a reasonable belief that the two of you committed a crime. Sometimes, a case is what we call a he said/she said case in which only the word of the complainant is the evidence. Even those cases can be lost, however, if the complainant is believed beyond a reasonable doubt by a jury.

However, here, it's not just his word. He's got charges on his card in your name and hers. And if the jury believes that he did not give your girlfriend permission to use the card on you and believes that you used the card as well beyond a reasonable doubt, you can be convicted of this crime.

Yes, a warrant is an arrest warrant. And you should contact a lawyer and have him arrange for a convenient time to turn yourself in.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,691
28,691 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I just filed a police report in Mecklenburg County regarding
I just filed a police report in Mecklenburg County regarding harassing phone calls and threatening emails from my ex boyfriend. What can I expect to happen next? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
I found out I was part of identity theft. Someone had
I found out I was part of identity theft. Someone had created about 2 credit cards under my name. I reported this to the police. There has been an investigation started. I later found my sister had do… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
A falsified backdated police report was made against me by
A falsified backdated police report was made against me by an homicide investigator to aid my ex spouse in covering up his domestic violence on me. What can I do about it? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,755 satisfied customers
Can I get a copy of my police report, or can I delegate
can I get a copy of my police report, or can I delegate someone else? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
Can probable cause be challenged on appeal if it wasn't
Can probable cause be challenged on appeal if it wasn't raised in the trial court and a plea of no contest was entered 2 years ago? I was stopped for a marked lanes violation and the cop claimed I dri… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,691 satisfied customers
In Massachusetts. A police report filed for Criminal
In Massachusetts. A police report filed for Criminal Harassment (c265, s43A) contained firearms license status, and "he purchased 20 guns in the year leading up to this dispute." No malice, no threats… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
A false police report was called in saying someone has a gun
Hi, a false police report was called in saying someone has a gun and is trying to kill themselves, the SWAT team shows up. The pweson finally comes out of the house and a search warrant is issued to s… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,292 satisfied customers
Person pulled over in dui traffic stop - no probable cause -
person pulled over in dui traffic stop - no probable cause - while pulled over sheriff saw he had active warrant out of state so he is in custody for his out of state warrants—BUT no charges are fille… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,307 satisfied customers
A person files a police report online and getting harassed
A person files a police report online and getting harassed by an officer about why the report was not files in person or by calling 911 to bring an officer to the scene. My question is since the inter… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
894 satisfied customers
My eleven-year-old daughter has two counts identity theft
My eleven-year-old daughter has two counts identity theft two counts stolen credit card Oregon law. What are possible consequences without legal representation? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,691 satisfied customers
I have a police report filed against me and the description
I have a police report filed against me and the description is identity theft or attempted, identity theft 1st offense - fraud - imperson 2 2 counts … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,292 satisfied customers
My friend is in custody for identity theft warrant in
My friend is in custody for identity theft warrant in Pennsylvania. We live in Georgia. At the hearing at the county magistrate the they gave him 2 options. To either sign a waiver or not & they said … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
Are police reports (related to cases that are no longer
Are police reports (related to cases that are no longer under investigation) allowed to be used as evidence to be filed in a civil court pleading?… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers
I was a victim of identity theft and am looking into if
I was a victim of identity theft and am looking into if restitution is possible for the charges i recived … read more
Expert James
Expert James
Doctoral Degree
11,686 satisfied customers
I am the victim of identity theft. T-Mobile keeps sending me
I am the victim of identity theft. T-Mobile keeps sending me bills for a phone I never bought in spite of numerous reports of fraud to them. Can T-mobile be charged with attempted theft of my money? C… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was recently a victim of identity theft by a friend and
I was recently a victim of identity theft by a friend and coworker who stole and used my ATM card. I did not notice the transactions until March 24th, when I reported them as fraudulent to my credit u… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,691 satisfied customers
Is the smell of marijuana in a vehicle probable cause for a
Is the smell of marijuana in a vehicle probable cause for a search in the state of Massachusetts?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,691 satisfied customers
I was just arrested for identity theft, a felony, in
hi. i was just arrested for identity theft, a felony, in colorado dating from 2012-2013. is there a statute of limitation for it there and how long is it? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,691 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x