I am being charged with Fraud but im completely innocent, I have no clue how I can prove it.

Asked about 4 years ago - Leesburg, FL

I was recently contacted by a detective who said im being accused of fraud. I tried to get a Sprint PCS phone in my name but it required a deposit, I asked a very close friend of mind can she try to get it in her name and she said yes and gave me her information and Sprint PCS accepted without a deposit. After realizing the companies service was bad, I canceled the contract being left to pay $250 early termination fee. They started harassing her for payment and she told them that she had no knowledge I was using her information,but she is the one who gave it to me. The detective said I have no proof that she gave me the ok to use her info so now im being charged with fraud and I dont know what to do. I even offered to pay the $250 but she said no.

Attorney answers (2)

  1. Daniel Jon Woodring

    Pro

    Contributor Level 14

    Answered . This answer should not be considered specific legal advice, nor does it establish an attorney client relationship. Um, completely innocent, that is not what your question sounds like- you knew you could not get a phone without a deposit and even if your friend let you use her information, if the phone was for you, not her, can still be fraud. If you are charged you will need an attorney, either a public defender or private counsel if you can afford it. Given your question, you will definitely not want to represent yourself.

  2. Andrew Daniel Myers

    Contributor Level 20

    Answered . What a mess. Fraud requires intentional misstatement with the further intent to cause another party to rely on that statement, and due to their reasonable reliance, they sustain damages. There is a very high burden of proof here on the phone company or the prosecutor if it goes that far. I highly recommend that you retain an attorney to review the contract, the facts and the law to see if he can get you out of this.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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