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Credit Card Fraud

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William A ProettaReviewsout of 30 reviews Keith G OliverReviewsout of 55 reviews

Somerset County NJ Fraudulent use of a Credit Card Lawyer

Somerset County NJ Fraudulent Credit Card Defense LawyerThe days of pick pocketing seem to be a thing of the past, now of days, the majority of all theft related schemes revolve around credit cards. The world as a whole but more importantly, New Jersey, tends to take a tough stance when it comes to credit card cases. The actual loss that the credit card companies and sometimes the actual individuals suffer is eminence. That is why regardless of whether you have been charged with the theft of a credit card, fraudulent use of a credit card, embossing credit cards or possession of a stolen credit card, we strongly recommend that you speak to an attorney as soon as possible. Credit card schemes have become so advanced over the years that it is well known by now that it takes a tremendous amount of time and resources by the detectives to catch would be Defendants. That is probably one of the main reasons that when they are actually able to make an arrest and prosecute someone, they tend to be prosecuted aggressively. As you will see below, unlike most theft related offenses in New Jersey, the underlying degree of a credit card charge will not be dictated by the dollar amount of the loss. This is just one of the many of reasons that credit card cases tend to be so complex.

If you have been charged with credit card fraud, shoplifting, theft by deception, burglary, trespassing, theft by extortion or any other charge for that matter in Somerset or Hunterdon County, the Law Offices of Proetta & Oliver can help. If you would like to discuss your options with one of our Somerset County criminal defense attorneys then please contact us at 732.858.6959. Our attorneys are prepared to go over the specific facts of your case and formulate a game plan that works best to suit your needs. We are well aware of what a felony level theft related conviction can do to someones life. As such, we are prepared to aggressively challenge the evidence presented against our clients in order to secure a favorable outcome. We serve all of Hunterdon and Somerset County, including towns like Readington, Clinton, Raritan, South Bound Brook, North Plainfield, Watchung, Bedminster, Bernards and Flemington. If you have any questions whatsoever, please do not hesitate to contact us.

Hunterdon County NJ Credit Card Theft Attorney

Charged with a Credit Card Offense in New Jersey? 

Whether the individual is facing, the fraudulent use of a credit card, the theft of a credit card or embossing a credit card, the governing statute will be NJSA 2C:21-6. As touched upon briefly above, there are several different types of credit card related charges that a Defendant could be facing. Each subsection in essence seeks to prosecute different types of potential conduct. Here is a breakdown of each subsection, including what the prosecution must be able to prove in order to obtain a conviction.

N.J.S.A. 2C:21-6c(2): Theft of a Credit Card

The subsection of the statute states in pertinent part that “A person who received a credit card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder”.

The prosecution must establish the following elements:

  • That the Defendant obtained a credit card;
  • That at the time that the Defendant obtained the credit card, he was aware that the card was either lost, mislaid or delivered by mistake; &
  • By retaining the card, the Defendant had the underlying purpose to eventually use it or to sell it at some point in the future.

N.J.S.A. 2C:21-6c(5): Embossing a Credit Card

The statute states in pertinent part that, “a person who, with intent to defraud a purported issuer, a person or organization providing money, goods, services or anything else of value, or any other person, falsely makes or falsely embosses a purported credit card or utters such a credit card is guilty of a crime.”

The prosecution must establish the following elements:

  • That the Defendant manufactured and/or embossed a credit card; &
  • The Defendant’s purpose in doing so was to defraud another.

N.J.S.A. 2C:21-6d(1): Using a Forged Credit Card

This section of the statute states in pertinent part that “A person, who, with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value, or any other person . . . uses for the purpose of obtaining money, goods, services or anything else of value . . . a credit card which he knows is forged, expired, or revoked”

The prosecution must establish the following elements:

  • That the Defendant knowingly used a credit card;
  • They were aware that the credit card was forged, expired and/or revoked; &
  • In doing so, the Defendant did so with the intent to defraud another.

Is there Jail time for a Credit Card Fraud Charge in NJ?

Depending on the subsection that a Defendant is charged will, they could be facing either a third or a fourth degree felony.  Here is a helpful chart that not only breaks down the potential jail time that each subsection carries but the potential fines too.

Credit Card Crimes

Penalties

Theft of a Credit Card

  • 18 months in a State Prison,
  • $10,000 Fine;
  • A felony criminal record.

Embossing a Credit Card

  • 5 years in a State Prison,
  • $15,000 Fine;
  • A felony criminal record.

Using a Forged Credit Card

  • 5 years in a State Prison,
  • $15,000 Fine;
  • A felony criminal record.

With that being said, depending the specific charge, the underlying facts of the case and a Defendant’s prior criminal history, they may be able to take advantage of one of New Jersey’s diversionary programs. Those programs can include the Pretrial Intervention Program, the Conditional Dismissal Program and Drug Court. The first two programs would afford a Defendant the ability to not only walk away from these felony charges without being incarcerated but without a criminal record as well. For more information on these programs, please feel free to contact our Bridgewater office at 908-533-1064.

Flemington NJ Credit Card Theft Lawyer

If you have been arrested and charged with credit card fraud, theft of services, robbery, forgery, possession of a fake ID or any other offense for that matter, the Law Offices of Proetta & Oliver can help. Our attorneys appear in courts throughout Somerset and Hunterdon County, including Watchung, Readington, Clinton, Bedminster, Bernardsville, Manville, Hillsborough, Franklin, Warren and Bound Brook. If you have been summonsed to appear in one of those courts or any other court for that matter, let the Law Offices of Proetta & Oliver assist. Our attorneys are available immediately for a free initial consultation, so if you have any questions whatsoever, please do not hesitate to contact us at 908-533-1064.