Greenwich Credit Card Theft Lawyers
As defined by Greenwich law, credit card theft is any time anybody takes a credit card from another person without their consent, with the knowledge that they are not allowed to take it, and with the intention of using it in an unauthorized way.
An individual charged with credit card theft should hire an experienced theft lawyer to help manage the evidence and help them understand what rights they have in terms of sharing information with law enforcement or not. A Greenwich credit card theft lawyer can help develop and detail what their client’s defense may look like depending on the circumstances.
Common Defenses for Credit Card Theft
To show that you were in fact authorized to use the credit card and to show that the person does not have the requisite intent. If somebody has a credit card that is not theirs, they do not have to use it in order to be found guilty of a credit card theft.
The government would just have to prove that the accused individual has the credit card, knew it was not theirs and that they intended to use it in an unauthorized way. In certain instances where the defendant is not being accused of using the credit card, there might be an innocent explanation. They could have found the credit card on the ground and intended to call the credit card holder or do something else with it that is not prohibited or was not unauthorized.
Defining the Circumstances of a Fraud Charge
The attorney would see whether there was unauthorized use of the credit card and try to ascertain whether there is sufficient evidence or any other evidence that needs to be gathered which speaks to the intention of what the person wanted to do with the credit card.
If neither of those are really in dispute, then the attorney would be helping the defendant gather information that can help the judge decide that rehabilitation may be more appropriate than punishment.
Showing that the circumstances surrounding the credit card theft were such that the defendant was not fully aware of what they were doing and that there might have been some other underlying issue that created the circumstances, such as drugs or alcohol that clouded the person’s judgment.
In such case, we would show the judge that less punishment and more rehabilitation would be best as punishment. The lawyer would help the person identify any restitution that is owed and help take care of repayment as quickly as possible.
When somebody is charged with credit card theft, often the times they have actually used the credit card. An individual does not have to actually use the credit card in order to be found guilty of credit card theft.
There are many occasions where the person has actually used a credit card in an unauthorized way and be guilty of credit card theft. but after obtaining something of value that they weren’t authorized to have, they would also likely be guilty or charged with the crime of larceny.
Role of Proof in the Prosecution’s Case
That the defendant took a credit card from another person; that they took the credit card without the other person’s consent, that they took the credit card with knowledge that they were not authorized to take the credit card, and that the defendant intended to use it, sell it, or do something with it that was unauthorized to benefit themselves.
Credit Card Theft vs. Credit Fraud
There are different ways to commit credit card crimes or the broader category of credit card fraud. Credit card theft is the physical taking of the credit card with the intention of actually using it in an unauthorized way.
A broader category of credit card crime or credit card fraud is to actually use it or to take somebody’s credit card information and use it to gain something of value or benefit.
Theft only covers the taking of the credit card. The other types of credit fraud and associated charges deal with how it was actually used once it was taken in an unauthorized manner.
Role of a Local Attorney
The lawyer will ascertain how much damage had been caused or whether there was any damage, and if it was just a question that it was taken in an unauthorized way, but not yet used to create any further injury at that point.
The lawyer would look at the circumstances the defendant was facing at the time to better understand why the person might have done it and whether there were some underlying factors that may be clouded their judgment under the circumstances.