Credit Card Fraud & Related Offenses in New Jersey

Credit Card Fraud in New Jersey: What You Need to Know

Credit card fraud is a serious issue in New Jersey that can lead to severe criminal penalties if convicted. This article provides an overview of credit card fraud laws and defenses in New Jersey.

What Constitutes Credit Card Fraud in New Jersey?

There are various offenses that fall under the umbrella of credit card fraud in New Jersey. The most common actions that can lead to credit card fraud charges include[1]:

• Credit card theft – This involves taking a credit card without the cardholder’s consent, receiving a stolen card, or buying/selling a card from someone other than the issuer.
• Fraudulent use – Knowingly using a stolen, counterfeit, or otherwise fraudulently obtained card to acquire money, goods, or services.
• False statements – Making false statements to obtain a credit card.
• Incomplete cards – Possessing incomplete cards with intent to complete and use them without authorization.
• Receiving fraudulently obtained items – Obtaining goods through fraudulent use of a credit card.
• Furnishing money/goods/services – Providing money, goods or services knowing the card being used is fraudulent.

The key is that all these offenses require an intent to defraud along with an action like theft, false statements, or fraudulent use. Simply possessing someone else’s card without their permission does not necessarily constitute fraud[2].

Defending Against Credit Card Fraud Charges

There are various defenses that an experienced criminal defense attorney can use to fight credit card fraud allegations:

• Lack of intent – If you can show you did not actually intend to defraud anyone, this could defeat charges.
• Mistaken possession – You had permission to possess the card and were unaware it was stolen.
• Mistaken identity – You were wrongly identified and are not the actual perpetrator.
• Unconstitutional search – Evidence was obtained through an illegal search violating your rights.
• Insufficient evidence – The prosecution lacks enough evidence to prove the charges beyond a reasonable doubt.
• Statute of limitations – Too much time passed between the alleged crime and being charged.
• Entrapment – You were induced by law enforcement to commit the offense.

An attorney can also negotiate with prosecutors for pre-trial intervention, conditional discharge, or other alternatives to avoid a conviction. The best defense depends on the specific circumstances of your case.

Avoiding Credit Card Fraud Charges

To avoid facing credit card fraud allegations in New Jersey, it’s important to take measures like:

• Never take someone else’s credit card without their express permission.
• Do not buy, sell, or possess credit cards except through the issuing bank.
• Avoid making false statements or providing false information to obtain a credit card.
• Do not use a credit card you know or suspect is stolen or fake.
• Monitor your credit card statements regularly for unauthorized charges.
• Report lost or stolen cards immediately to prevent fraudulent use.
• Keep credit cards and account information secure.
• Shred documents with account numbers before disposal.