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Michael Bradley
Michael Bradley,
Category: Criminal Law
Satisfied Customers: 2317
Experience:  Owner at The Protection Group LLC
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I have been charged with credit card fraud <1000

Customer Question

Second opinion] I have been charged with credit card fraud <1000
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Nisha Jones replied 1 year ago.

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

Expert:  Nisha Jones replied 1 year ago.

I've reviewed your question and I'm happy to help!

Do you have a more specific question in regards ***** ***** case?

Customer: replied 1 year ago.
I have been charged with a credit card fraud <1000 dollars, the affidavit says things that i never said
Customer: replied 1 year ago.
i voluntarily went and spoke to the detective and the next day i had a warrant and they came to my house and picked me up. in the affidavit she says i admitted to doing it, which i never did. im wondering now what i am up against because this is the first time i have ever been in this situation.
Expert:  Nisha Jones replied 1 year ago.

Okay, thank you for the additional information. Give me just a few minutes to type up my response for you, thanks!

Customer: replied 1 year ago.
thank you. im worried because the affidavit is online for everyone to see and it is not true but it looks like it is. and im worried that people will look it up and think i am guilty.
Expert:  Nisha Jones replied 1 year ago.

Unfortunately statements that you make to the police or detective can all be used in court as evidence against you.

However if there is a discrepancy in what you actually said versus what is written in the report then your attorney can file a Motion to Suppress to make sure that information is not used against you.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Customer: replied 1 year ago.
But the motion to supress is that possible easily?
Expert:  Nisha Jones replied 1 year ago.

As far as the information being published on the internet -- your attorney can also request that these incorrect statements be stricken from the case record.

Redacting the incorrect information would fix the problem.

Of course it will be in the judge's discretion to grant it, but it is worth making the request.

Customer: replied 1 year ago.
also are public defenders good for this case ? and normally what is the punishment for credit card fraud for 100 dollars?
Expert:  Nisha Jones replied 1 year ago.

The motion to suppress -- not easily, your attorney will have to present an argument, with some evidence or your testimony, that what the detectives wrote into the report is not actually what you said.

Your defense attorney will make that legal argument, the prosecutor will respond, and the judge will ultimately make a decision.

There's no guarantee it will be suppressed, but it should at least be attempted if this is inaccurate information.

Customer: replied 1 year ago.
they are saying they can see me on the camera where the card was used. so they are assuming it is me. but they have no real proof of anything. will a public defender be able to help me well enough or do i need a criminal lawyer?
Customer: replied 1 year ago.
it was only one detective and me present in the room, she had no recording device and i went to her office voluntarily.
Expert:  Nisha Jones replied 1 year ago.

Public defenders are qualified attorneys, but sometimes yes, a private attorney is better as they sometimes have more time and resources for handling your case.

It varies slightly by jurisdiction, but credit card fraud in this amount is a misdemeanor punishable by up to one year in jail and/or a fine of up to $1000.

I hope that helps!

Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

Customer: replied 1 year ago.
i saw that when i googled about the 1 year jail time, how can they do that for 100 dollars?!?! will they??
Customer: replied 1 year ago.
i feel like you are copying and pasting what google says. because it is the exact wording as when i googled it. you're not really helping
Expert:  Nisha Jones replied 1 year ago.

That is the maximum possible sentence, other possibilities include probation, community service, shorter jail sentences, or a fine.

Yes, unfortunately that can happen even over $100. This is the codified criminal law.

Expert:  Nisha Jones replied 1 year ago.

Nothing of what I've written to you has been copied or pasted from Google, and there is nothing in my response that would even give that impression.

Good luck to you.

Expert:  Michael Bradley replied 1 year ago.
What state?
What are you exactly charged with?