what is the procedure of the investigation? when will the police come for me? what is the likely punishment?
2006-10-05 02:11:09 · 43 answers · asked by maria s 1 in Politics & Government ➔ Law Enforcement & Police
Hopefully you will go to jail. Thief!
2006-10-05 02:13:01 · answer #1 · answered by looking for the left eye 3 · 3⤊ 2⤋
The person will have to request all credit card information from the credit card compant as well as the company where the purchase was made. Once evidence is gathered, (video, witnesses, statements, etc.) A lawyer will review the case and determine the chances of actually being able to proscute and to what extent. With a lack of evidence a lawyer will advise to settle out of court, either through payment or offer a lesser charge. If they caught you red handed you will more than likely face the consequesnse. The fact that you are even asking this question online has prompted any decent investigators with enough encriminating evidence to prosecute you to the fullest extent of the law. nonetheless, The police will usually serve you with a court order, you have a hearing where both parties will have to make statements, The defense (you) and the prosecution. The prosecution will then make an accusation stating how you broke the law, at which point you have the chance to either declare "Guilty" or "Not Guilty", be careful about this part because this will effect the judges ultimate decsion. At which point you will then be "tried" The judge will go over statments and evidence to determine wheter or not you actually commited the crime. Becareful here as well because the judge will try to read your body language and ability to speak affirmatively (Look like your telling the truth). Then the judge will decide. The entir proccess can take up to a year dpending on the lawyers experience and the amount of evidence against you. Now, sentencing will be determined based on ethics and and circumstances. If you show no remorse for the deed against the other person you will likely be charged a much more harsh sentence. But if you explain yourself and fish for sympathy your likley to get off on a lighter sentence. If the you made a purchase over $200.00 its usually considered a felony (primiarily depends on the state) but if under they will more than likely consdered the crime a misdemeanor. Also, the amount of criminal charges against you will also determine the outcome of the trial. If you've had past convictions theres a higher chance the judge will not take any empahty towards your position, but if it is your first charge, you'll likely get off with a slap on the wirst. The maximum is about 7 years in a prison similar to a resort. (thats where they send Corporate Execs and such) Technically its illegal to give legal advice with a licesene to pratice law, how ever i speak from personal experience which I can confirm. That the jist of what will happen. I would advise to plead guilty and try to a smaller charge. It's usually the best way to go. Good Luck my fellow criminal, hope you learned your lesson blah blah blah.... I have to go cause Im at work and this took about twenty mineuts to write (i've gota alot of work to do) Hope that Helps
~Cheers
2006-10-05 02:34:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Depending on if you can prove that you were given permission to use those details then you will be going to court. The police will most likely set a warrant for your arrest. The best policy is to hire a lawyer, be honest with him/her and turn yourself in. If you are lucky it will be what they call a walk through. Then your charges will be set and your lawyer should be able to get you out the same day. Once this is done you will wait for a court date to be set up and your lawyer will contact you. When that happens you will go to court and if this is your first offense you may only be looking a probation depending on amount and offenses. If this is not your first offense and you charged over a certain amount (Depending on your states laws vr's federal laws) you might be looking from 1-2 years State Jail (Day for Day) or you may be looking at 2-10 yrs Prison or Federal (which may have a 2 for 1 or 3 for 1) All depends on the case. But first thing first get a Lawyer and never ever ever do this again. It hurts the thief more then it hurts the person you did this too. Remember everything you do comes back 10 fold. So expect everything you did to that person to come back 10 fold.
2006-10-05 02:51:55 · answer #3 · answered by tone t 1 · 0⤊ 0⤋
You obviously should not have done that.
Yes, you have committed an offence - obtaining property by deception - Theft Act. However, the person who holds the credit card may not be able to make the official complaint. As long as they did not furnish you with their credit card details/pin number, etc., the BANK or CREDIT CARD company are the complainant here as they will be liable for the fraudulent use.
Evidence will be gathered: statements from aggrieved parties, credit card statements, copies of any credit card slips, any CCTV that may be available or tape recordings of any telephone conversations. You will be arrested if and when they have sufficient evidence against you and you will be interviewed.
Depending on the outcome of the interview, you will either be charged and given a date to attend court, bailed (back to the police station on a future date) pending further enquiries or advice from the CPS.
If you KNOW the complaint has been made, it might be a good idea to contact your local police station and make an appointment for you to attend (preferably with a solicitor) and be arrested and interviewed - rather than wondering when the police are going to bang on your door at 5 o'clock in the morning! This may well look better for you if and when you go to court.
As for the punishment - that is up to the court to decide. If it is your first offence, you MAY be eligible for a police caution - this stays on your record for 5 years and will be resurrected should you offend again during this time.
2006-10-05 09:08:53 · answer #4 · answered by Sally J 4 · 0⤊ 0⤋
If you used the card and can't prove permission, you are looking at credit card fraud; the punishment will have a lot to do with the circumstances you don't explain here; and how much was charged, how often, why and how the charges happened. I'd call the local Clerk of the Court and ask them about the details of the prosecution; and then a lawyer or legal aid. You are possibly looking at jail time here as much as a couple of years for each charge if you don't have a good lawyer and a decent alibi.
2006-10-05 02:14:52 · answer #5 · answered by wizjp 7 · 2⤊ 0⤋
Dante has given the only real insight. Your position will depend on the amount taken, the number of times the card was used, whether you have any form, whether you admit the offence and finally whether the prosecution service believe that prosecution is in the public interest - you may offer to pay the money back at investigation stage.
If you are sure that a prosecution is on the way, contact a lawyer, get some legal aid and get it sorted.
2006-10-09 02:00:43 · answer #6 · answered by des c 3 · 0⤊ 0⤋
Credit Card Fraud is a Felony with 2-25 years in prison. Including a fine. However, if you live in one of the 21 states that agree with the 3 strikes your out, and this isn't your first or second offense, then 25-life no option of parole. Good luck.
2006-10-05 02:36:23 · answer #7 · answered by HW2000 2 · 0⤊ 0⤋
It is a criminal offence and breach of trust, and an offender has to face punishment under the law which may include a fine and imprisonment for a short duration, depending on the gravity of the offence!
You should never ever indulge in such a thing as misusing credit card details of someone amounts to total breach of trust people have in the system!
2006-10-05 02:17:31 · answer #8 · answered by Sami V 7 · 2⤊ 0⤋
Conviction on Credit Card Fraud
Carries Penalties of 10 Years Imprisonment and/or a $10,000 Fine
U.S.C. Title 18, Section 3056, Subsection (b), specifically authorizes the United States Secret Service to detect and arrest any person who violates federal criminal laws relating to credit card fraud and related activity in connection with computers and/or access devices.
2006-10-05 02:20:36 · answer #9 · answered by Anonymous · 1⤊ 0⤋
They will arrest you, or you will go in on your own. They will sit you down and ask you lots of questions and/or the case is strong enough to take you to court without anything from you. You will go before a judge, sent to jail until you make bail. Then you will go home and wait for a trial. At trial the community will watch you and the lawyers fight it out and bring out all the evidence.
Sentencing could be anything from state prison, to county pokey, to picking up garbage on the side of the road in an orange jump suit. Then everytime you go for a job, apartment, credit app, type deal you will have that arrest and conviction on your record and have to explain why you thought it was alright to steal from someone who works for a living.
2006-10-05 02:16:20 · answer #10 · answered by Rob 4 · 3⤊ 0⤋
They probably will come early in the morning (3am to 5am) to assure you are home and most likely sleeping. You probably will get 3-5 years for credit card fraud, unless you used it out of state (like over the internet) in which case it is a federal offense and you will probably be looking at 5-7 years.
2006-10-05 02:13:41 · answer #11 · answered by Anonymous · 2⤊ 0⤋