What are you looking at if charged with credit card abuse? 9 Answers as of August 14, 2013

My daughter was charged with 3 counts of credit card abuse. She took 2 credit cards and charged 3 different times altogether. The total charges are around $500. They have charged her with a felony. This is her first offense. We are hoping to plea it down to a misdemeanor or less if possible. We never have been faced with anything like this before and are clueless to the laws. We do have an attorney but he said it will take a few weeks to get information to us. The hearing is next month and we are so frightened because we do not know anyone in this town. Please advise to what we should expect. Thank you.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Well if restitution is made then they may reduce the charge. Offer to do so.
Answer Applies to: Michigan
Replied: 8/14/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You should retain a new attorney. IF you retain an attorney, and you are still on-line, then you need a new attorney, because your attorney cannot implement the plan of a great attorney, IF he is only an average attorney.
Answer Applies to: Georgia
Replied: 8/14/2013
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
I can't tell you anything different than your attorney and that really needs to be your source for information since he will know the facts. Generally, even if the DA refuses to reduce the charge down to a misdemeanor, you should be able to get the charge Continued Without a Finding (CWOF) whereby the charge is dismissed after a period of time with NO conviction. Typically the Das do not like to reduce the charge and CWOF it, but in some circumstances, with the right lawyer and DA, it is certainly possible. In any event, your daughter should be able to not only avoid jail but also a conviction. To go any further I would need to know facts that you should not post online. Also. Anything I say only applies to Massachusetts laws.
Answer Applies to: Massachusetts
Replied: 8/14/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Fraud is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye.
Answer Applies to: California
Replied: 8/14/2013
Law Office of Jared C. Winter
Law Office of Jared C. Winter | Jared C. Winter
I'm sure this is a very stressful time for you and your family and I'm sure that all you want is some answers at this point. Unfortunately, it just doesn't work that way in the law. Things take time, investigation, and patience. Do you think that random attorneys online are going to be of greater assistance than the one you already have? The one who, has the file, knows all the ins and outs of the case? The one who works with the prosecutors and judges you'll be dealing with? Just be patient and work with the attorney you have. Good luck.
Answer Applies to: California
Replied: 8/14/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Probation
    Answer Applies to: Nevada
    Replied: 8/14/2013
    Dudek & Cintean, LLP | Alin Cintean
    There is a possibility that these charges will be dropped to misdemeanors. What baffels me is that the attorney said it will take weeks to get information to you. I can see how it may take some time to get to the misdemeanor resolution, however that attorney should be in closer contact with you or your daughter and provide information about what he is doing as the case progresses. There are many factors at play here, including but not limited to: attitude of the DA, judge, what county this is in and restitution. Some DAs take credit card abuse more seriously than others. The best thing you can do in the meantime is obtain a stack of character letters for your daughter. They may become useful during the negotiations.
    Answer Applies to: California
    Replied: 8/14/2013
    The Lariscy Law Firm, PC
    The Lariscy Law Firm, PC | Joseph E. Lariscy, III
    The attorney most familiar with your daughter's case, the one you hired, would be the best source of information. Request a meeting.
    Answer Applies to: Georgia
    Replied: 8/14/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    Courts are generally not slam happy on a first offender. Discuss this with the counsel you already have in more detail.
    Answer Applies to: Oklahoma
    Replied: 8/14/2013
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