Detroit Credit Card Theft Lawyer
Credit card theft is a fraud crime closely related to the crime of credit card fraud—although it’s possible to commit one without the other. While the penalties for committing fraud are more severe, stealing a credit card can have serious consequences too.
It is illegal to steal Financial Transaction Devices, such as credit cards, debit cards, account numbers, PINs, credit or debit card numbers, and even gift cards. If you face charges for FTD theft, contact an experienced Michigan credit card theft attorney at Drias Law Group as soon as possible.
Stealing or Possessing a Stolen FTD Is a Felony
Section 150.157n of the Michigan Penal Code makes it illegal to steal or to possess the FTD of another person without their permission. This section also prohibits the knowing possession of a fraudulent or altered FTD. Similarly, Michigan Penal Code section 750.157p prohibits the possession of another person’s FTD with the intent to use it, sell it, or otherwise distribute it.
You could face felony charges for violating either section. The statutes do not specify the exact sentences that a judge should give you in the event of a guilty verdict. According to a recent Michigan Supreme Court ruling, judges are no longer required to strictly follow the penal code’s sentencing recommendations. In general, people convicted of stealing an FTD receive sentences between two and four years.
Additional Consequences
In addition to your sentence, the court may order you to pay the victims under Michigan’s laws of criminal restitution. For example, if you steal $500 from someone’s credit account, a court may order you to pay it back.
If you were charged with credit card theft, get help from a Michigan credit card theft lawyer to guide you through the Michigan criminal process.
Credit Card Theft in Michigan
You might be surprised to learn that credit card fraud can take many different forms. The penalties you face can vary considerably depending on several factors. Your specific sentence depends on the credit card theft chard and whether you have a history of prior credit card fraud convictions.
Here are some common types of credit card theft under Michigan law.
Stealing an FTD or Possessing an Altered FTD
- Knowingly possessing a stolen debit or credit card; stealing an FTD, or possessing an altered without the owner’s consent with the intent to use or sell it.
Possession of FTD with Intent
- Receiving or possessing another person’s FTD without their consent, with the intent to sell, use, or deliver it.
Forgery of FTD
- Forgery of an FTD is making changes or duplicating another person’s FTD, debit, or credit card.
Use of FTD in Excess of Funds or Limits
- Using someone else’s credit card, debit card, or other FTD without their consent to withdraw money above the existing funds or limits.
Use of a Revoked or Cancelled FTD
- Knowingly using a revoked or canceled FTD to purchase anything of value.
How We Help Fight FTD Theft Charges
Never answer any questions from the police or the prosecuting attorney without your lawyer present.
As your legal counsel, a credit card theft lawyer reviews the evidence against you and determines whether it was obtained legally. An attorney may take depositions of key witnesses – including the arresting officers—as it may emerge that your arrest or the search that produced the evidence against you was unlawful.
Your credit card theft lawyer in Michigan will construct a version of events that show reasonable doubt about whether you stole the FTD. It may be possible to show that you did not knowingly possess the other person’s FTD or with criminal intent.
Plea Bargain to a Lesser Charge
Your lawyer might determine that there is little prospect of successfully fighting your charge in court. It might be in your best interest to plead guilty to a lesser charge. It helps to have a lawyer with a good reputation and who knows the prosecutors. It may be possible to obtain a lighter sentence if mitigating factors apply to your case at the sentencing hearing.
Michigan Credit Card Theft FAQ
When facing credit card theft charges in Michigan, you may have genuine concerns regarding your future. The consequences of a criminal conviction are harsh in Michigan. When you’ve been charged with credit card theft, your future is in jeopardy. It’s normal to wonder how a conviction could disrupt your life.
Here are answers to some of the more common questions people like you about credit card theft charges. If you have additional questions, don’t hesitate to contact Davis Injury Lawyers.
What Are the Criminal Penalties for Credit Card Fraud in Michigan?
Credit card theft charges in Michigan are misdemeanors or felonies, depending on the circumstances of your case. It is a misdemeanor to use a revoked or canceled FTD. You probably won’t get jail time, but you would have to pay restitution to the victim.
Stealing or possessing an altered FTD is a felony, punishable by a prison term of up to four years and fines not to exceed $5,000, in addition to any restitution. When penalties are this devastating, you should get a Michigan credit card theft lawyer to defend your case.
How Will My Life Be Affected if I’m Convicted on Michigan Credit Card Theft Charges?
Criminal penalties are not the only consequences you will face if you are found guilty of credit card theft in Michigan. In addition to any jail or prison time you might receive, your life is affected in many ways:
- Being ordered to complete community service
- Being required to follow probation or parole rules
- Loss of firearm rights
- Child custody issues
- Immigration or citizenship troubles
- Ineligibility for federal student loans
- Trouble finding safe, affordable housing
- Difficulty finding or keeping a good job
Contact a Michigan Criminal Defense Lawyer Today
Attorney Martin Drias, the founder of the Drias Law Group, has experience working as both a prosecutor and a defense lawyer. His perspective and knowledge are an advantage for individuals facing serious criminal charges.
Learn more about how the Drias Law Group helps you with credit card theft charges in Michigan. Contact our office today for a free and confidential consultation of your case. Call (313) 944-0236 or use our convenient contact form. We will reach out to you to learn more about the credit card theft charges against you in Michigan.
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