Defend Yourself Against Credit Card Fraud

Stephen Harris is the owner of the Law Office of Stephen Harris and a renowned federal criminal defense lawyer in Charleston, South Carolina. According to Harris, defending yourself against credit card fraud can be extremely difficult because the facts are often stacked up against you in these types of cases.

While the number of people being accused of credit card fraud is rising, defending clients in these types of cases is rarely easy. The term credit card fraud can mean a number of different thingsfrom stealing someones credit card outright to copying someones credit card number during a business transaction to stealing someones identity as a whole.

Have a Contract in Writing
One thing that I hear quite frequently is stories about contractors who use their clients credit cards to buy supplies for ongoing jobs. These contractors may have been doing this for years without a problem, but then if all of a sudden one client turns around and says that the purchases on his card werent authorized, then the contractor could end up in serious trouble. I know that a lot of builders get charged with credit card fraud, which is one of the reasons why I always advise my clients to have a contract with someone or have a statement from them authorizing any purchases they make on the cards.

In most cases, unfortunately, credit card fraud is kind of an open and shut type of case. If you buy something with someone elses credit card and you cant show a contract that proves that you were authorized to make the purchase, then you are very likely to lose your case. With credit card fraud, there is usually a big paper trail that proves the case for the plaintiff.

Keep Records of Everything
In order to protect yourself from being accused of credit card fraudespecially if you work in an industry where it is common to use other peoples cards to purchase supplies for a jobyou should make sure to keep records of everything. First and foremost, keep records of anytime you were authorized to make a purchase. I recommend that people keep any bills, records, receipts, or other documentation that proves that the purchase was not illegal or unauthorized.

When someone calls the cops and says that charges made on his credit card were not authorized, he is going to have plenty of documentation of his ownusually in the form of credit card statements proving what was purchased and where the purchase was made. So the only way that a defendant in a credit card fraud case can prove that the purchase he made was not illegal is to have it in writing.

Hire a Competent Lawyer
In addition, I advise people who have been charged with credit card fraud to not necessarily give up all hope. Hiring a competent criminal defense lawyer who understands the federal system can often help defendants get their charges reduced, if not dropped entirely. An attorney should be able to work with a defendant to have a judge reduce the crime from a felony to a misdemeanor, which will not only reduce the maximum prison sentence but also make it so that, if convicted, the defendant could possibly get the crime expunged from his record at a later date.

Fraudulent credit card charges that were made in high dollar amounts are more likely to be taken to federal court, especially if any of the purchases were made across state lines. When multiple states are involved and a persons credit card was used to purchase items across state lines, then the case turns into a federal offense. In federal cases, defendants would be looking at mandatory prison time, as opposed to just a slap on the wrist for those facing sentencing in state court. That is yet another reason why hiring a defense lawyer with experience in the federal criminal system is so important for defendants.

An attorney dealing with this type of case would most likely try to negotiate a deal where the defendant might be allowed to pay back some of the money that he had stolen in exchange for the crime being reduced from a felony to a misdemeanor. A misdemeanor version of a credit card fraud crime would be basic credit card theft, whereas a felony version would include using the card to make purchases in multiple states.

If you are hoping to have your charges dropped or reduced, then it is necessary to have an attorney who knows how to negotiate with prosecutors. For anyone being charged with this type of case in Charleston, I recommend calling the Law Office of Stephen Harris and asking to make an initial consultation with a lawyer who will listen.

This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.