Can my exgirlfriend press charges against me for using her credit card after we broke up?

Under Texas Penal Code 32.31, a person commits an offense if:
(1) with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that: (A) the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or (B) the card has expired or has been revoked or canceled; OR
(7) he uses or induces the cardholder to use the cardholder's credit card to obtain property or service for the actor's benefit for which the cardholder is financially unable to pay; OR
(8) not being the cardholder, and without the effective consent of the cardholder, he possesses a credit card or debit card with intent to use it.

The police have seven years from the date of the offense to bring charges (TX Code of Criminal Procedure 12.01(3)(F)).

The State will have to prove that at the time you used her CC #, you used the card intending to defraud your ex or that you merely used the card for a service and that she was unable to pay. If you were believed, they could not convict you under subsection 1, but might be able to convict you under subsection 7. Also, you may have even committed an offense just by possessing the number of the CC (see 32.31(8))! All that being said, you may be able to present a defense whereby the jury had the opportunity to realize the use and possession of these CC/CC numbers was a mistake and not the productr of an intent to defraud or knowingly use/possess her CC.

I would recommend you not post any more information on a public message board and that you speak with a local criminal defense attorney for more information. Good luck.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

If you didn't have the authority to use her credit card, then yes you can be charged. Seeing that the two of you broke up and you kept using the card this can be a problem.

It depends on many factors. Some being the severity of the case and the amount of time he has spent in jail. Also it will depend on what the DA wants, what the alleged victims want, and what judge he has tomorrow. Seeing that there are so many unknowns your best bet really is to talk to his attorney and see what the attorney knows.

If you can't afford a lawyer you may be eligible for a court appointed attorney. Make sure you go to your court date and be on time. You may have a chance to talk to the DA and you can see what the DA is looking for.


Attorney Jason Chan
77 Franklin Street, FL3
Boston, MA 02110
617-556-8220
website: www.attorneychan.com
blog: http://attorneychan.wordpress.com/
twitter: http://twitter.com/AttorneyChan

disclaimer: I am not licensed to practice law in your state. Please be aware that this is for informational purposes only.