I have experience in defending fraudulent use of a credit card cases in Orange County and Seminole County. I examine each fraudulent use of a credit card case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced fraudulent use of a credit card defense attorney is essential.  Once hired, I will:

1. Collect and review all written reports & video evidence in your case;
2. Identify all possible defenses;
3. Qualify you for a pretrial diversion program;
4. Start negotiating with the prosecutor for a dismissal or reduced charges, and
5. Do whatever is necessary to avoid a criminal conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you or file lesser charges against you such as petit theft. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Were you lawfully stopped, detained and arrested?
• Was any of the evidence collected against you illegally obtained?
• Are the allegations made against you false? Were there any witnesses to this incident?
• Were you read your Miranda rights? Were your statements illegally obtained?
• Are there other factors or motivations that show a lack of intent to commit a crime?
• Is there a lack of evidence or a conflict in the evidence?

WHAT IS fraudulent use of a credit card

Fraudulent use of a credit card is defined in Section 817.61 as using someone else’s credit card to obtain goods or services without their express permission is a crime.

The term “credit card” can mean:

• Credit cards
• Prepaid cards
• ATM cards
• Banking cards
• Check
• Debit cards
• Other types of cards related to personal transactions

There are various forms credit card fraud can take, including:

• Internet credit card fraud involves hackers who may monitor a customer’s entry into a vendor’s purchasing system and steal the data in order to use the credit card information for their own online transactions (purchases).
• Skimming is a process in which a merchant makes copies of a customer’s credit card payment and then sells the information to a black market.
• Mail non-receipt fraud occurs when the authorized customer does no receive a new or replacement card, as it is intercepted by someone else in the mail.
• Charge-back fraud may occur when the customer actually uses the card to make a purchase or pay for goods, then claims that the transaction listed on the statement is not legitimate.

DEFENSES FOR fraudulent use of a credit card

There are many defenses under Florida law available for an Orlando fraudulent use of a credit card lawyer to apply to your fraudulent use of a credit card case. Any fraudulent use of a credit card charge can be defended by asserting one of the following legal defenses:

• Lack of intent
• Identity (They have the wrong person)
• Obtaining or using for lawful purpose
• Consent

FLORIDA fraudulent use of a credit card PENALTIES

In Florida, the penalties for fraudulent use of a credit card depend on how the charge is classified. The classification applied to an offense depends on the monetary value or times the card was used.

If the card is used one or two times in a six-month period and the value of the items obtained is less than $100, the crime is considered a first-degree misdemeanor. Which is punishable by up to one year in jail.

However, if there are three or more transactions and/or the money, goods or services obtained in that six-month time frame amounts to more than $100, it’s considered a third-degree felony, for which the penalty is a maximum five years in prison. Other sanctions include:

• Communication control, house arrest or supervised probation
• Anti Theft class or counseling
• Community service
• No contact or no return to the location of the incident or with the victim

CALL ME FOR A FREE CONSULTATION

If you were recently arrested or charged with any Florida fraudulent use of a credit card offense, please call my Orange County fraudulent use of a credit cardt defense law firm located in Winter Park, FL.  Call 407-740-7275 to discuss your case.  I am open six days a week and I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.