These are serious charges and involve more than just taking the card. Make sure you get an attorney right away to help you evaluate the situation. If the charges are fraudulent you will likely be able to get them dismissed.
From the very little that you mentions, I believe you should consider testying before the grand jury. Make sure you lawyer has filed the appropriate notices to protect your rights. My sense is this case maybe reduce to a lesser offense, but I would need more details.
Many criminal cases boil down to one person's word against another's but by hiring an experienced cruminal defense lawyer with a good private investigator you may be able to uncover other evidence that refutes the words of your accuser.
This case sounds defensible. I suggest you retain a good criminal defense lawyer.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers.
11 Park Place, Suite 1100
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I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
You need an attorney to argue your case. It is defensible BUT you need to explain to him all the facts and let him work from there.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.