Monmouth County NJ Credit Card Fraud Lawyer
Just like every other county in New Jersey, Monmouth County has seen a tremendous increase in credit card fraud. With two major malls and countless strip malls, Monmouth County has become a hub for credit card fraud. As you will see below, the fraudulent use of a credit card is a third degree felony offense. If convicted, an individual would be facing anywhere from three to five years in a New Jersey State Prison let alone being scarred with a felony criminal record. In addition, the State now has the ability to detain a Defendant in the Monmouth County Jail without bail if they think the facts are egregious enough. However, in order to do so, they must file for a Detention Hearing. These hearings can and should always be contested. If you would like to speak to one of our attorneys about your options today then please contact us at 732-585-6959.
Looking to Speak to Criminal Attorney about Credit Card Fraud Case in New Jersey
As you can tell, this offense carries potential life changing consequences. If you or a loved one has been arrested and charged with a criminal offense like fraudulent use of a credit card, theft of services, robbery, carjacking, burglary or receiving stolen property in Monmouth County, the Keith Oliver Criminal Law can help. Our attorneys have dedicated our entire careers to defending those accused of crimes in courts throughout New Jersey. We routinely appear in courts throughout Monmouth County to defend clients charged with the fraudulent use of a credit card. Those courts include Middletown Municipal Court, Holmdel Municipal Court, Hazlet Municipal Court, Asbury Park Municipal Court, Tinton Falls Municipal Court, Manalapan Municipal Court and Wall Township Municipal Court. If you would like to schedule a free face to face conversation with one of the attorneys on staff, then please contact us directly at (732)858-6959. We are available 24/7 to help assist in any way possible. We fully understand that being charged with a criminal offense, especially one that carries such life changing consequences, can be extremely nerve wracking. So please, if you have have any questions do not hesitate to contact us. Now here is some vital information on the offense of fraudulent use of a credit card.
What to Know about Fraudulent use of a Credit Card Case in NJ
Unlike most theft related cases, the value of the loss in this scenario will not dictate the degree of the offense. All credit card theft charges under NJSA 2C:21-6h will be considered indictable offenses, which is New Jersey’s version of a felony offense. That means that all credit card fraud charges must be transferred from the local municipal court to the Monmouth County Superior Court for litigation. So, for example, if the is alleged to have used a stolen credit card at the Jersey Shore Premium Outlets, the case would need to get transferred from the local Tinton Falls Municipal Court to the Monmouth County Superior Court, which is located in Freehold.
N.J.S.A. 2C:21-6h: Credit Card Fraud Charges in NJ
The fraudulent use of a credit card is governed by N.J.S.A. 2C:21-6h. It is important to know that most individuals charged with violating this statute are also normally charged with other theft related offenses as well like receiving stolen property, theft of a credit card, unlawful embossing of a credit card and selling stolen credit cards. For more information on these offenses please checkout their individual practice areas.
In order to be convicted of the fraudulent use of a credit card the State will need to prove three key elements beyond a reasonable doubt, which are as follows:
- That the Defendant used a credit card which was either:
- Stolen or
- In doing so, the Defendant obtained money, goods, services or anything else of value;
- That the Defendant acted knowingly.
As you can see from above, there are several different types of “fraudulent” credit cards mentioned. With that being said, in essence, it simply all boils down to the unlawful use of a credit card. In other words, using a credit card without obtaining permission to do so. As mentioned above, the fraudulent use of a credit card is a third degree felony offense. If convicted of a third degree felony offense in New Jersey a Defendant will be facing up to five (5) years in a State Prison, a fine up to $15,000 and a felony criminal record.
Ways to Avoid Jail time on Credit Card Fraud Cases
With that being said, depending on a Defendant’s prior criminal history they may be eligible for one of New Jersey’s diversionary programs. Those programs include the Pretrial Intervention Program, the Conditional Dismissal Program or Drug Court. Depending on the program available, if successfully completed, a Defendant could walk away from these otherwise life changing charges without a criminal record let alone serving a day in jail. For more information on these programs please feel free to contact us directly at (732)858-6959 or click their links.
Do I have to Pay Restitution for a Credit Card Fraud Case?
If the Judge concludes that their is a victim who suffered a financial loss as a result of the illegal credit card fraud conduct, then yes, they could order the individual to pay restitution. They can only require that the individual pay restitution on the actual amount lost. In other words, the alleged victim will have to provide some form of proof as to the actual loss suffered. If the individual contests the amount, then they would be able to request that a restitution hearing be conducted.
Local Credit Card Fraud Defense Lawyer in Middletown NJ
As you can tell from reading above, the fraudulent use of a credit card is a serious felony offense, one that if not handled properly can carry life long consequences. If you or a loved one has been charged with a criminal offense like theft by deception, credit card fraud, forgery, passing bad checks in Monmouth County in towns like Holmdel, Tinton Falls, Manasquan, Red Bank, Freehold, Colts Neck, Hazlet, Belmar and Marlboro, the Keith Oliver Criminal Law can help. Our office will zealously advocate on your behalf in order to obtain the best possible outcome. We will make sure that no stone is left unturned when it comes to defend your case. If you would like to come into our office to discuss your options with him, please contact us directly at (732)858-6959. We our available 24/7 to help assist in any way possible.