My husband has an ex that apparently was mad the we got married. She decided that she would file charges for a credit card that she had willingly used on my husband after we got married!! Everything she bought him was willingly paid for and now she is saying she didn't give him permission. And the prosecutor is saying that because he has a prior for misuse of credit cards(his own). That he basically has no case and will not win. They want him to agree to a misdeanor(instead of a felony) and pay back the ex. They basically say since he has a prior that he will lose regardless of him being with her at the time of everything. Why is this ok at all??? Since when is owing an ex grounds for a criminal case??? Should this not be a civil matter??
Criminal Defense Attorney
It could be both criminal and civil.
The short answer is yes. Your husband will definitely want to talk to a defense lawyer, and NOT the prosecutor. Most defense attorneys give free consultations. If you find you cannot afford a private attorney, ask for a public defender if and when the state files charges.
Again, do not talk to the prosecutor. Talk to a defense attorney. Do not make statements about the facts of the case in an open forum like this one. It could potentially be used in the future.