Credit Card Fraud Defense

Summary

Double jeopardy prevents being tried twice for the same offense. However, Pasco County can charge you for new offenses found on your phone if they are separate from those you pled to in Polk County. Pleading out at your first appearance in Pasco does not necessarily stop them from continuing to check your phone. For a defense strategy based on mistaken identity, gather witness testimonies, document the timeline of your stolen phone, and show proof of payment arrangements with your friend.

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I was arrested In Pasco Florida for using someone's credit card. I was on bond. I was then arrested in Polk County Fl for writing a check that wasn't mine. After taking me to jail, I was charged with having multiple credit cards and information that wasn't mine. I pled out and was put on probation. Pasco county picked me up in Polk County and took me back to Pasco. I was then charged with theft for a different incident. When I was booked in I was told that Pasco was holding my phone. My phone has other people's information on it. Can Pasco charge me with for the information on the phone sense I pled out in Polk county for having multiple identifications? I never had the phone after Polk County did. Polk gave it directly to Pasco County. Is this double jeopardy?
Hello, ****. Let me assist you with your question.
Double jeopardy prevents being tried twice for the same offense. However, Pasco County can charge you for new offenses found on your phone if they are separate from those you pled to in Polk County.
- Different incidents can lead to separate charges.
- Evidence from your phone can be used for new charges.
Is the theft charge in Pasco for a different incident than what you were charged with in Polk?
Yes
Thank you for confirming, ****.
- **Double Jeopardy**: It applies only to being tried twice for the same offense.
- **Separate Charges**: Pasco County can charge you for new offenses based on the information found on your phone if they are different from those in Polk County.
Is there anything specific about your probation terms that you are concerned about?
If I pleAd out in Pasco at first appearance, would that stop Pasco from continuing checking my phone? Can they still charge me?
Hello, ****.
Pleading out at your first appearance in Pasco does not necessarily stop them from continuing to check your phone. Here are some key points:
- **First Appearance Plea**: Pleading out can expedite your case but doesn't halt ongoing investigations.
- **Phone Evidence**: Pasco can still examine your phone for evidence related to new charges.
- **New Charges**: They can charge you based on any new offenses found on your phone.
Is there anything specific you are worried about regarding the evidence on your phone?
What defense strategy can I use to assist me in beating a case where a credit card was stolen and used to pay my electric bill ?
Hello, ****. To assist you with a defense strategy regarding the stolen credit card used to pay your electric bill, consider the following:
- **Lack of Intent**: Argue that you did not knowingly use a stolen card.
- **Mistaken Identity**: Suggest that someone else used the card without your knowledge.
- **Alibi**: Provide evidence showing you were not involved or unaware of the transaction.
Which of these aspects do you think is most applicable to your situation?
Mistaken identity
Hello, ****. To build a defense strategy based on mistaken identity, consider the following points:
- **Alibi**: Provide evidence that you were elsewhere when the transaction occurred.
- **Witness Statements**: Obtain testimonies from individuals who can confirm your location or actions.
- **Surveillance Footage**: Seek video evidence from the location where the credit card was used.
Is there any specific evidence you currently have or need assistance obtaining?
It was a card from where I use to work. I had a picture of it and my phone was stolen. A year later I gave a friend cash to pay a few bills for me on what I thought was her card. I was arrested 6 months later and charged with using the card and for every transaction on it. We were friends I thought.she even used the card on my wifi. She was always at my house.
Hello, ****. Given the complexity of your situation, here are some steps you might consider to strengthen your defense based on mistaken identity:
- **Witness Testimony**: Gather statements from friends or colleagues who can verify your account of events.
- **Evidence of Stolen Phone**: Document the timeline and report of your stolen phone.
- **Proof of Payment**: Show that you gave your friend cash to pay the bills, indicating you did not intend to use a stolen card.
Do you have any evidence or documentation about your stolen phone or your arrangement with your friend?
No. I have my boyfriend who was there, but it was our rent the card was used to pay.
Hello, ****. Here are some steps to consider for your defense:
- **Witness Testimony**: Have your boyfriend testify about the arrangement and that you gave cash to your friend.
- **Intent**: Emphasize that you believed the card was your friend's.
- **Character Witnesses**: Gather statements from others who can attest to your character and honesty.
Is there any specific detail about your arrangement with your friend that you can provide?