New Jersey Credit Card Theft Attorney
When you’ve been accused of a crime, it can feel like a nightmare. Your life, your job, your future all depend on the outcome. It’s not a time to take chances. You deserve aggressive and skilled legal representation from the very beginning. Credit card theft is quickly becoming a common criminal charge.
As a former criminal prosecutor and experienced defense attorney, Jason A. Volet understands both sides of the law and has valuable insights that can help determine which techniques may be most effective in proving his client’s innocence. If you’ve been accused of credit card theft in New Jersey, call The Law Office of Jason A. Volet today.
What is Credit Card Theft?
In general, theft is when you take something that doesn’t belong to you, and you do it with the specific intent to permanently deprive the true owner of its possession. Credit cards are a little trickier though. They are just a piece of plastic. The actual item has little to no value. Instead, however, it’s the use or intent to use the card that becomes illegal.
New Jersey law says that a person who takes possession of a credit card that he knows belongs to someone else and who keeps that credit card may be guilty of credit card theft. It’s important to note that you must actually know that someone else’s card is in your possession.
But just having another person’s credit card is not a crime, in and of itself. Intent is also required. To be guilty of the offense, you must intend to:
- Use the card
- Sell the card
- Transfer the card to someone other than the true owner
What are Common Defenses to Credit Card Theft Charges?
There are a lot of ways that a person can be arrested and incorrectly charged with credit card theft in New Jersey. For instance, just having someone else’s credit card on your person is not enough to qualify as credit card theft. There must be illegal and “knowing” use, sale, transfer, or intent to use the card. Without this element of the crime, there should be no conviction.
If you’re arrested and charged with credit card theft, attorney Jason A. Volet will work to determine what evidence the police have that ties you to the offense. Next, our office will work to determine how the police came to know of your possession. Here are just a few ways we can work to fight improper charges.
- Argue the police had no reason to search you or your property in the first place
- Argue the police acquired information leading to your arrest improperly or through unconstitutional methods
- Argue that you were unaware of your possession
- Argue that despite possession, you had no ill intent to use, transfer, or sell the card
What are the Penalties for Stealing a Credit Card in New Jersey?
Under N.J.S.A. 2C:21-6 , you can face serious consequences if you are convicted of credit card theft. The law presumes that you are guilty of the offense if you are found to have in your possession or under your control credit cards that have been issued to two or more people or two or more stolen credit cards. The offense is a crime of the fourth degree, which is equivalent to a low-level felony. If you are convicted, you could go to prison for up to 18 months and pay a fine as high as $10,000. You will also lose your driving privileges for a period of time. Depending on the facts of your case, a court may also order you to pay restitution. Keep in mind: A conviction will remain on your permanent record. With a conviction for credit card theft on your record, you may find it hard to get into college. A conviction may also prohibit you from getting certain types of jobs, and it can even affect other things you would never even consider to be related to the offense. For instance, a conviction could affect the outcome of other legal proceedings such as a divorce or child custody dispute. It could also hurt your credibility if you are ever called as a witness in a legal matter. Fortunately, an experienced credit card theft lawyer can work to limit the impact of a theft charge by building a strong defense strategy. If you are facing serious theft charges, be sure to contact an attorney with the skill and experience necessary to represent you from start to finish.
How an Experienced Credit Card Theft Defense Lawyer Can Help
As an experienced credit card theft attorney, you can count on The Law Office of Jason A. Volet to protect your rights. With offices in Freehold and Neptune, getting the help you need is easy and convenient. As someone who has handled criminal cases from both sides of the law, Jason A. Volet understands what prosecutors are looking for when they bring a case against you. This gives him a unique perspective.
If you are innocent, we will fight to prove your innocence by interviewing witnesses, gathering evidence, and carefully building a trial strategy. Remember that the government has the burden of proving beyond a reasonable doubt that you are guilty of each element of the crime that it has accused you of committing. Our office will make that as hard as possible. If we can get the prosecutor to realize that he or she cannot prove the case, the case may be dismissed. This is ideal. If the case moves forward, we will fight to prove your case at trial.
Sometimes, however, you may have a better chance of avoiding jail and serious other consequences by entering into an agreement with the prosecutor. Having an experienced attorney negotiate your deal ensures that you are getting a fair shake and not being taken advantage of. Many times, we can build your case and weaken the state’s case. This can give you better leverage in order to negotiate a better deal. This may result in a lesser offense that has fewer penalties, fines, and consequences (as well as less or no jail time).
Call for a Consultation Today
If you’ve been arrested and charged with credit card theft or any other criminal offense in New Jersey, you deserve aggressive and skilled legal representation. The state will use its vast resources to prove your guilt. You owe it to yourself, your family, and your future to fight with everything you have. Contact us today to put The Law Offices of Jason A. Volet on your side. We offer free, private, and confidential consultations. But don’t delay. The longer you wait, the more the prosecutor and police may be doing to build their case. You should be building your defense right now.