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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26840
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My girlfriend has bipler type 2 sometimes she does things

Customer Question

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
Expert:  Zoey_ JD replied 1 year ago.


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

Customer: 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: 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
Expert:  Zoey_ JD 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.

Customer: replied 1 year ago.
at this point they are trying to charge me off poor evadance and off this other guy word ?
Customer: 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
Expert:  Zoey_ JD 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.

Expert:  Zoey_ JD 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.