Me and partner live together 14years and He is charged with ID theft and CC fraud!?!! We paid credit card and settled dispute with them but the States Attorneys Office doesn't seem to understand we live together and theirs no fraud dispute between us so if he finds this out won't he drop the felony charges? Also the card dates back to June 4,2011!Also they list me as only witness and a Victim- which I am not!!
That's a criminal law matter. Your statement, since it's not really a question, makes it sound like he was using your card without authorization. Was he using other cards as well? Someone had to call the police and file a report to get the case going. Once that happens the prosecutor's office can pick up the case regardless of your wishes. You can bring all of this information to your partner's attorney and see what can be done to help.
I agree with Mr. Allen; this is a criminal matter. Even though you may not wish to move forward, the State does not have to drop the charge. Your partner should get an attorney right away and provide the details to that attorney. Depending on the facts of the transaction, there may some arguments your partner's attorney can make on his/her behalf.
This is a criminal matter. The state is the entity who can bring charges. If you are subpoenad to appear, you must appear. I would suggest speaking with a criminal defense attorney. Mr. Matthew Jones who answered this question as well, is an excellent attorney and I would highly recommend him.
Theft of a Credit Card is a class 5 felony in Arizona. ID Theft can be anything from a class 2 felony to a class 4 felony depending on what the level of offense alleged was.
The State's Attorney" i.e. the Maricopa County Attorney's Office who used to employ me as a prosecutor, knows that they have a reasonable likelihood of conviction. If he was charged by the Fraud and Identity Theft Enforcement Unit they have a file that consists of boxes on him.
Only the County Attorney can dismiss charges. I suggest he hire a competent defense attorney or use the public defender. If there are multiple dates of offense he is looking at mandatory prison.
The above statement should not be construed as legal advice, does not create an attorney-client relationship, and is provided purely for informational purposes. You are advised to seek legal advice from an attorney and NOT AN UNLICENSED PARALEGAL SERVICE for any legal questions you have.
You are making the common mistake of thinking that if the victim of a crime doesn't want to prosecute the offender then charges will not be filed. The law does not work this way. While the prosecutor may take your wishes into account, in most cases if the state thinks a crime has been committed it will pursue charges regardless of what the victim wants.
He needs a good criminal defense attorney.
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