My daughters boyfriends sister stole their mother credit card and spent $9,000 of course she denied it and the parents signed a form to get out of the charges that stated when and if they found out who did it that the credit card company would then press charges even if it was family of the card holder. So here is the question..would it be better to be charged by the state for theif by deception or fedral for fraud. She up to this point has a clean record and is a mother of a 7yr old.
2007-05-27 21:08:46 · 5 answers · asked by GI 5 in Politics & Government ➔ Law Enforcement & Police
The Secret Service does not get involved unless the loss is >$25,000.00 as told to me by an FBI Agent.
If the parents know that their daughter committed the crime and conceal that from the Bank perhaps that is obstruction.
Sounds very Trailer Parkish
2007-05-28 11:08:10 · answer #1 · answered by Stand-up philosopher. It's good to be the King 7 · 0⤊ 0⤋
Federal charges usually carry much stiffer penalties than state charges do. Some offenses carry mandatory sentences in federal court as well.
Generally, a fraud charge is much more serious than a theft by deception charge.
If she did do this, then her best bet is to go before a local judge (instead of a federal one). She should also see if her lawyer can plea bargain for a lesser charge that will keep her out of jail. Promising restitution would be a big help.
2007-05-28 05:36:36 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Usually federal is better than state prison because most crimes in federal prison are for mostly white collar crimes, with a few exceptions. Most of your violent crimes are transferred to a state prison, even if it was in federal jurisdiction. Good example: Martha Stewert was sent to a prison into general population. If she was in a state prison, she would have been sent to a special block for police officers, celebrities, and other high profile individuals. In regards to your daughters boyfriends sister, if caught... she'll probably get probation, ordered to pay the $9,000, and a fine. Then again, it's up to the judge, and how good her attorney is, or what kind of repor he has with the judge.
2007-05-28 04:34:08 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Sounds like this will be more of a civil matter to recover the money if the credit card company finds out.
2007-05-28 04:26:46 · answer #4 · answered by PM4 3 · 0⤊ 0⤋
I believe it would be up to the courts, and of course the charges if there are to be any charges by the parents.
2007-05-28 04:13:05 · answer #5 · answered by joeslam 2 · 0⤊ 0⤋