How do I avoid jail after stealing a credit card? 36 Answers as of November 28, 2011
I had a credit card in my ex-boyfriend's name when we were together without him knowing. I want to take responsibility for it, but I want to avoid jail time. I have a 5 year old daughter. What do I need to do to come forward and deal with this?Free Case Evaluation by a Local Lawyer!
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Jacob P. Sartz IV., Attorney at Law | Jacob Sartz
I'd recommend you retain a lawyer, or, if you are ultimately charged, request that the court appoint you a lawyer at the public's expense. You are presumed innocent until proven guilty. The prosecutor must prove any allegations beyond a reasonable doubt.
Answer Applies to: Michigan
Replied: 11/28/2011
Michael Breczinski | Michael Breczinski
Does he know of this? If not you should cut it up and pay it off. Has his credit been messed up because of this? Then you might have to come forward to make it right. Sit down and talk with an attorney. There are many details that I would need to know in order to answer this properly.
Answer Applies to: Michigan
Replied: 11/16/2011
Law Office of Martina Vigil | Martina A. Vigil
You need to hire an attorney immediately. You may be facing identity theft charges as well as theft. It is helpful if you have never been in trouble before.
Answer Applies to: California
Replied: 11/15/2011
Reza Athari & Associates, PLLC | Seth L. Reszko
Obviously, if you do come forward you do expose yourself to criminal liability. Whether you can avoid jail could depend on the negotiations of the case and if you take the case to trial. While not a guarantee, if you have no prior criminal history and acknowledge guilt, you are likely to get probation, without going to jail, provided you do what you are required to do while on probation. If you do want to come forward, you would go to the DA's office to discuss this case. I would still retain the services of an attorney even to discuss the situation with the DA. We offer free consultations, walk-in appointments are welcome and we provide affordable payment plans.
Answer Applies to: Nevada
Replied: 11/15/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
First you need an attorney. If you have not been charged you and your attorney should go to the police. If you have been charged, then show up in court on your arraignment date with your attorney.
Answer Applies to: California
Replied: 11/15/2011
Law Office of Daniel K Martin | Daniel K Martin
The most important thing is to pay off the bill and contact a criminal defense lawyer
Answer Applies to: California
Replied: 11/15/2011
Wilson Lafaurie Attorney at Law | Wilson Lafaurie
Hire a good criminal defense lawyer.
Answer Applies to: New York
Replied: 11/15/2011
Law Office of Phillip Weiser | Phillip L. Weiser
If there have not been charges filed yet, any statements you make to law enforcement could result in charges against you. I would consult with an attorney before making any decisions.
Answer Applies to: Kansas
Replied: 11/15/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You should arrange for a consultation with an attorney where you can put all the facts on the table. This is not the place to get the particularized advice and have that type of discussion.
Answer Applies to: California
Replied: 11/15/2011
The Law Office of Marc G. Snyder | Marc Gregory Snyder
It is hard to give a detailed answer because you do not supply many details. Have you been charged with anything? If not, do you think you will be? If either answers are yes, an experienced criminal defense lawyer can "present" your situation to the State's Attorney's Office in a way that will have the best chance of working something out short of a trial. It also depends on your relationship with your x-BF. If you are on good terms today, he probably would not want to be a witness against you and would be open to working it out by you paying what you owe. On the other hand. if you are not on good terms, he may be more likely to want to see you "pay" for what he says you did. Either way, a good defense lawyer can give you the best chance of having the matter work out in a way that will keep you from having a record from this matter. Finally, if you have not been charged but want to "come clean," you should contact a lawyer right away who can be by your side and help you through this process. It is very important that you do and say the right things and keep from saying the wrong things when you do go to turn yourself in or otherwise come clean.
Answer Applies to: Maryland
Replied: 11/15/2011
Andersen Law PLLC | Craig Andersen
My question is do the police know about this? If not, try to pay it back. If they do know, don't talk to them or anyone else about the situation. If this is a first offense, you may qualify for diversion and that would keep you out of jail as long as you abided with the terms of your diversion.
Answer Applies to: Washington
Replied: 11/15/2011
John V Commons, Attorney at Law | John Commons
You need to hire a lawyer and give him/her all the details. The lawyer can advise you as to your options and the best choices of what to do. Here's one possibility. If you pay the bill for all the charges that were made on the card, then no one is harmed and it would be highly unlikely any charges would be filed against you. Your lawyer can figure out your best course of action.
Answer Applies to: Indiana
Replied: 11/15/2011
Law Office of Brendan M. Kelly | Brendan M. Kelly
To avoid getting arrested and having to post bond you will likely have to involve a lawyer.
Answer Applies to: Nebraska
Replied: 11/15/2011
Craig W. Elhart, P.C. | Craig Elhart
First, you should close the account and pay it off. The next question, have you been charged with anything.
Answer Applies to: Michigan
Replied: 11/15/2011
Shane Law Office | Robert J. Shane
You may be at risk for being charged with a felony in Minnesota for credit card fraud. The best defense would be to stop using the card and close down the account. If your ex-boyfriend, the credit card company and the police are unaware of the fraud, I would keep quiet. Once you report the matter to the police, you will have incriminated yourself and made the case for prosecution. The best way to stay out of jail is to exercise your constitutional right against self-incrimination.
Answer Applies to: Minnesota
Replied: 11/15/2011
bark & karpf | peter bark
Pay off the credit card and destroy it. Hope that he does not find out about it. If discovered, admit nothing and hire a lawyer.
Answer Applies to: New York
Replied: 11/15/2011
Betts Legal Services | Shawn M. Betts
There is no guarantee of not receiving jail time for any offense, especially assuming it would be a felony offense. However many offenses of this type on a first incident can be part of a diversion program or receive a reduced sentence depending on the circumstances. Again, there are no guarantees one way or the other.
Answer Applies to: Minnesota
Replied: 11/15/2011
Law Office of Richard Southard | Richard C Southard
Have you been arrested or charged with this crime? If not, you should speak to an experienced criminal defense attorney privately before taking any actions. Is the card still active? Is their an amount owed on the card. You need to include more facts for a more accurate answer.
Answer Applies to: New York
Replied: 11/15/2011
Cynthia Henley, Lawyer | Cynthia Henley
You do not give enough details to help you other than to tell you that you need representation.
Answer Applies to: Texas
Replied: 11/15/2011
Richard W. Barton | Richard W. Barton, Esq.
You probably do not need to worry about jail. The charge may only be a misdemeanor. Also, you should discuss whether you could make any claim to using the card with his permission, even if it was only implied permission, or for money owed. In any case, a competent lawyer should be able to resolve this case without too much of a problem to you.
Answer Applies to: New York
Replied: 11/15/2011
Law Office of Richard Williams | Richard Williams
Do not go forward or make any statement until you have consulted with an attorney. He might be able to get you out of this one without possible jail time.
Answer Applies to: Alabama
Replied: 11/15/2011
Timothy J. Thill P.C. | Timothy J. Thill
Have you discussed this with your ex-boyfriend? Perhaps, you and he could come to an agreement in which you will make restitution to him without involving the police. I cannot predict the future, but even if arrested, and assuming you did not run up a huge debt in his name, you probably are not facing jail time but a probationary sentence.
Answer Applies to: Illinois
Replied: 11/14/2011
Law Offices of John Carney | John Carney
You stole from the person who loved you and trusted you. Credit card fraud is foolish crime that will always be discovered and prosecuted. You are not a good decision maker. If it is your first crime you will be offered a misdemeanor plea and be placed on probation if you pay the restitution for the amount hat you stole. You will have criminal conviction for life that will make it difficult to get any good job. Life is about making good decisions, getting a good education, and finding a career that you love. You risked your entire future for a few hundred dollars. You will not be incarcerated, but you committed a felony and that will usually result in a criminal conviction. You should retain a good criminal attorney to try and get the case dismissed so that you do not have a criminal record. Then you can start with a clean record and find a career that you love. If this is your first mistake a good criminal lawyer can get you a god result, but you must learn from your mistakes or you will repeat them. The truth is hard to hear but good advise is based on truth not coddling and patronizing.
Answer Applies to: New York
Replied: 11/14/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Consider paying restitution so that there would be no need to arrest you.
Answer Applies to: Pennsylvania
Replied: 11/14/2011
Austin Legal Services, PLC | Jared Austin
If you have no priors, you may be able to get off with probation or a diversion program (if you are eligible) which would keep the matter off of your public record. Have an attorney review the case against you and determine what the likely outcome is and what the best course of action is.
Answer Applies to: Michigan
Replied: 11/14/2011
Law Office of Jeff Yeh | Jeff Yeh
One, stop using it. Two, if no one is charging you anything, then you really have nothing to worry about as long as you've stopped the illegal activity. Third, do not speak to anyone about this other than your lawyer. Four, do not speak to anyone about this unless your lawyer is present with you.
Answer Applies to: California
Replied: 11/14/2011
Law Office of David Baum | David M. Baum
Whether you will be charged, and face jail time, depends on several factors, including: Who was paying the bills for the charges you made on the card; If there is currently a balance on the card, and if so, can you pay it off immediately; and if your ex-boyfriend would want to press charges or not. Depending on the circumstances, a skilled attorney should be able to get you out of it without charges being filed against you.
Answer Applies to: California
Replied: 11/14/2011
Mark Thiessen, Attorney at Law | Mark Thiessen
You are in an interesting dilemma. No one has charged you. Will anyone know if you just cut it up? Can you tell your ex and hope he doesn't report on you? This is not a question of law. You have an ethical dilemma. If you are arrested you an call us and we can help you. But unfortunately, only you can answer how to proceed right now. The best way would be if he knows and decides not to press charges.
Answer Applies to: Texas
Replied: 11/14/2011
Freeborn Law Offices, P.S. | Steve Freeborn
Get yourself an attorney. If this case is charged, depending upon the amount, it could be a felony.
Answer Applies to: Washington
Replied: 11/14/2011
Rothstein Law PLLC | Eric Rothstein
There is no easy answer to your question. Restitution may be involved. You should also be thinking about ending up with a felony conviction. I suggest you retain counsel.
Answer Applies to: New York
Replied: 11/14/2011
Rizio & Nelson | John W. Bussman
Talk to an attorney ASAP. It's impossible to tell you specifically what to do to avoid jail time. If it were that simple, being a lawyer wouldn't require a doctorate degree.
Answer Applies to: California
Replied: 11/14/2011
Law Office of James E. Smith | James Smith
Just pay it off and it may not be an issue. Usually people do not go to jail for possession of a credit card of another unless they do it more than once. Probation and restitution are normal.
Answer Applies to: Nevada
Replied: 11/14/2011
Palmer, Meadows & Howell LLC | Brad Howell
If your ex-boyfriend decides to press charges regarding your actions, then you will have to appear in court for any criminal and/or civil charges that he brings. Even if charges are brought and you are convicted, you may not actually spend time in jail, depending upon whether you were able to obtain a plea bargain, or otherwise had the minimum punishment enforced. If he does not plan on bringing charges, then there should be no reason that the authorities would be aware of the situation. If this is the case, then you should attempt to work out something with your ex-boyfriend, such as paying him back for the debt that was accrued in his name; the situation doesn't necessarily have to be handled by him bringing criminal charges.
Answer Applies to: Alabama
Replied: 11/14/2011
Law Office of Joe Dane | Joe Dane
I'm missing something. Are charges filed against you? If so, you get a lawyer ASAP. You're not describing the crime of the century, but you'll still need a lawyer to navigate through this with the best possible outcome. If you're just talking from a moral sense and wondering how to make this right... if you admit to him what you did, even if you pay him back, you could be admitting a crime and making it worse for yourself. I'd strongly suggest sitting down face to face with a local criminal defense attorney to discuss this in greater detail. Most offer free consultations. From there, you can decide how to proceed.
Answer Applies to: California
Replied: 11/14/2011
Law Offices of Paula Drake | Paula Drake
Do not do anything without consulting an attorney. Most attorneys will give you a free consultation. Do not try to handle this yourself, because you may end up with what you are trying to avoid, not to mention a criminal record.
Answer Applies to: California
Replied: 11/14/2011
