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What to Expect if You’re Charged with Credit Card Fraud in San Francisco
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What to Expect if You’re Charged with Credit Card Fraud in San Francisco
Credit card fraud is a serious crime that can lead to felony charges and jail time in San Francisco. If you’ve been accused of credit card fraud, it’s important to understand the charges against you and know what to expect as your case moves forward. This article provides an overview of credit card fraud laws in San Francisco, typical penalties if convicted, and key steps in the criminal justice process.
Credit Card Fraud Laws in San Francisco
There are several laws in California that prohibit credit card fraud:
- Identity Theft – It’s identity theft under California Penal Code 530.5 if you willfully obtain personal identifying information of another person without their authorization and use it for an unlawful purpose, like making unauthorized charges on their credit card. This can be charged as a misdemeanor or felony depending on the circumstances.
- Access Card Fraud – Under California Penal Code 484, it’s a crime to steal or receive a credit card you’re not authorized to use, with the intent to use it fraudulently. This may be a misdemeanor or felony charge.
- Identity Theft to Commit Access Card Fraud – Penal Code 530.5(c) makes it a felony to commit identity theft for purposes of carrying out access card fraud.
- Aggravated Identity Theft – Under 18 U.S. Code § 1028A, you may face federal charges if you knowingly transfer, possess, or use another person’s means of identification like a credit card number during the commission of a felony. This results in mandatory consecutive prison sentences.
Prosecutors may stack multiple charges against you depending on the details of your case. For example, you could be charged with identity theft, access card fraud, and aggravated identity theft for a single incident.
Penalties for Credit Card Fraud in San Francisco
The penalties you face if convicted of credit card fraud in San Francisco vary based on the exact charges, but can include:
- Misdemeanor – Up to 1 year in county jail and/or a fine up to $1,000.
- Felony – 16 months, 2 years or 3 years in state prison and/or a fine up to $10,000 or more.
- Aggravated Identity Theft – Mandatory additional 2 year prison sentence per violation, consecutive to any other sentences.
- Restitution – You will likely have to pay back all unauthorized charges and related costs.
- Probation – Up to 5 years of supervised probation.
The judge has discretion in sentencing based on the circumstances of your case. Having no criminal record helps, while prior fraud convictions or large financial losses hurt.
What to Expect If You’re Charged with Credit Card Fraud
Here are key steps in the criminal justice process if you’re charged with credit card fraud in San Francisco:
Arrest and Booking
If police have probable cause you committed credit card fraud, they can arrest you without a warrant. You’ll be photographed, fingerprinted and held until you can post bail or bond. Police will seize evidence like devices, credit cards or receipts.
Charging Decision
The San Francisco District Attorney’s Office will review the evidence and decide what criminal charges, if any, to file against you. Charges must be proven “beyond a reasonable doubt.”
Arraignment
At your first court appearance, charges are formally presented. You can plead guilty, not guilty, or no contest. If pleading not guilty, a trial date is set. The judge decides bail, which may allow release until trial.
Pretrial Proceedings
There are usually several hearings where your lawyer negotiates with the prosecutor, files motions to suppress evidence, or attempts plea bargains. This process can take months.
Trial
If no plea deal is reached, your case goes to trial before a judge or jury. The prosecutor must prove guilt beyond reasonable doubt. You can be compelled to testify. If convicted, sentencing occurs later.
Sentencing
For misdemeanors, the judge imposes the sentence. For felonies, it can be the judge or jury. The sentence depends on the charges and your criminal history. Fines, restitution, probation and jail time are possibilities.
Appeal
You can appeal your conviction to a higher court. Appeals are complex and focus on legal errors in the trial, not re-deciding guilt. Appeals must be filed shortly after conviction.
Tips for Your Credit Card Fraud Case
Here are some tips if you’re facing credit card fraud charges:
- Hire an Experienced Lawyer – These are complex cases so it’s essential to have knowledgeable legal counsel to protect your rights. A skilled lawyer understands the elements of each fraud charge and relevant defenses.
- Avoid Talking to Police – Anything you say after arrest can be used against you. Politely decline to answer questions without your lawyer.
- Request a Diversion Program – First-time offenders may be eligible for a diversion program leading to dismissal of charges. Your lawyer can petition for this.
- Investigate Your Arrest – Your lawyer can examine the investigation for illegal searches, lack of Miranda warning, etc. This may lead to suppressed evidence.
- Negotiate Plea Bargains – Most cases end in plea deals for lesser charges. An experienced lawyer can get you the best deal.
- Prepare Your Defense – Gather exculpatory evidence, find witnesses to support your case, and testify honestly if you opt for trial.
- Get Character References – Written statements from employers, teachers and community leaders vouching for your law-abiding character can help with sentencing.
- Accept Responsibility – Admitting fault and expressing remorse, if appropriate, may persuade the judge to be more lenient.
Credit card fraud allegations must be taken seriously. Understanding the charges against you, potential penalties, and legal process is essential. An experienced criminal defense lawyer can fully protect your rights every step of the way.
References:
[1] California Penal Code 530.5 – Identity Theft
[2] California Penal Code 484 – Access Card Fraud
[3] 18 U.S. Code § 1028A – Aggravated Identity Theft
[4] Credit Card Skimming Devices Found Across Bay Area
[5] San Francisco Man Sentenced for Credit Card Fraud