Credit Card or Debit Card Abuse is when a credit or debit card is used without the true owners consent in an attempt to defraud or steal. For individuals arrested for Credit Card Abuse, the penalty is a state jail felony punishable by up to two years in the state jail with fines, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by Section 22.04.
Credit Card Abuse, or Debit Card Abuse, is considered a Crime of Moral Turpitude. This means they are offenses involving traits of honestly and trust in the community. Offenses that, if convicted, may portrait the person as being dishonest. Crimes of Moral Turpitude are among the most commonly reported on criminal history background checks, and are scrutinized by potential employers, colleges, landlords, and law enforcement. They may disqualify a person from serving on jury duty, holding public offices, obtaining licensing and clearance in certain fields, traveling into other counties, obtaining loans and mortgages, and more. They will also be allowed to be disclosed to the jury or judge if you are ever testifying at a hearing or trial.
If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses.
Credit or Debit Card Abuse arrests will result in jail -- and a bail bond will be required for release from Jail. An Attorney can help obtain a Personal Bond for Credit or Debit Card Abuse by arguing to a Judge for release. This will require hiring the attorney for both the jail release and representation on the case itself; although typically the jail release fee is the deposit for representation.
Sometimes an officer will file arrest warrant for Credit or Debit Card Abuse, which will require a Walkthrough to clear the Arrest Warrant. Doing a Walkthrough quickly is important, because most of the time a person does not go into the jail during the surrender process. Call us for more details if you have an active Travis County Arrest Warrant for Credit or Debit Card Abuse.
Keates Law Firm can act quickly to assist with a personal bond to release that person. Be sure to read more about Bond, Personal Bonds, and Travis County Jail Releases.
Defense include that the person charged was not the actual person to use the card. With so many records now stored electronically, and with the bulk of those records accessable to law enforcement with a subpoena, Credit or Debit Card Abuse cases require a lot of research and investigation.
A very common issue is also using a person's credit card, with permission, and then later getting in a disagreement with either that person, or their family. The disagreement can lead to misunderstandings, and possibly exaggerated (or made up) claims of theft.
If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Keep in mind, Keates Law Firm only practices in Austin and Travis County.
Hiring the right attorney from the beginning is important. Poor legal decisions will have a negative effect upon the case as it progresses. The Keates Law Firm has over 16+ Years Experience handling Credit or Debit Card Abuse cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
Call Us to talk about your particular case and situation. It's a 100% Free Phone Consultation with Criminal Defense Attorney Keates. No Sales Pitches, No Hassles. We'll see if we are the right Law Firm for you, and give you a quote. Be sure to check out Keates Law Firm's Reviews and also our past cases and Results.
Goals vary, depending on a person's charge, criminal history, and other factors, but ideally, the goal should be a reduction of charges, a dismissal, and avoiding jail for any Credit or Debit Card Abuse charge. While not every case can be dismissed, often times the goal becomes avoiding jail, or getting a reduced charge, or even getting a favorable probation with a possible dismissal at the end, called Deferred Adjudication. If dismissed, a person can later seek an Expunction of a Criminal Record, which is where a Judge Orders the offense records destroyed, including police reports, court records, and prosecutor files.
Likewise, if Deferred Adjudication is successfully completed, the person can have thier record sealed through Motions for NonDisclosure.
Sec. 31.03. Credit Card Abuse. A person commits an offense if, with intent to obtain a benefit fraudulently, uses a credit or debit card of another to do so, or uses an expired or otherwise unauthorized card to defraud or steal.
|Level of Offense||Punishment||Fines|
|State jail felony||180 days to 2 years in a state jail and/or no more than $10,000 fines|
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