What kind of trouble would you get into if you used a stolen credit card not knowing it was stolen? 7 Answers as of January 10, 2014

I know someone who used a stolen credit card not knowing it was stolen. The person who stole it spent hundreds of dollars and won't fess up. It would also be their first time getting in trouble.

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O'Leary Associates, P.A.
O'Leary Associates, P.A. | John A. O'Leary
Your friend has problems and should speak with an attorney asap.
Answer Applies to: South Carolina
Replied: 1/10/2014
Jefre S. Goldtrap
Jefre S. Goldtrap | Jefre S. Goldtrap
Whose card was it? Why would you use a card that does not have your name? Fraud requires the intent to defraud someone. If you believed you had the consent of the card holder you can argue you did not possess the mental state required to defraud or steal. If your argument is that Friend A was holding a card with the name of Random Man and you said "sure I'll use it too" this will be difficult for you to overcome. Get a lawyer and listen to their advise.
Answer Applies to: Tennessee
Replied: 1/8/2014
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
FYI, everybody says "I didn't know it was stolen," so if your friend is expecting the Judge to buy it, he/she is in fantasy land. Credit card fraud is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.
Answer Applies to: California
Replied: 1/8/2014
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
I am having trouble with this one. Why would this person use a credit card that does not have their name on it? This is a pretty good clue that the card is stolen. Yes, the person can get in trouble. Charging hundreds of dollars on a card. Could be charged as a felony..
Answer Applies to: Washington
Replied: 1/8/2014
Ascheman & Smith | Landon Ascheman
I'm not sure how you would use a stolen credit card not knowing it was stolen. That being said, you should talk to a criminal defense attorney in your area as soon as possible.
Answer Applies to: Minnesota
Replied: 1/8/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    No suppose to use a credit card that's not yours. They don't have to prove actual knowledge, just that a reasonable person under the circumstances would not have used this credit card.
    Answer Applies to: Nevada
    Replied: 1/8/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    The question is not whether it was stolen but if the person used it without the permission of the cardholder. The amount that was spent will determine if it is a felony or misdemeanor.
    Answer Applies to: Michigan
    Replied: 1/8/2014
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