Credit Card Fraud Defense Attorney

Credit and debit card fraud can be very lucrative and hard to prosecute, so it is not surprising that it is a common crime in Kentucky and throughout the country. However, the potential penalties are stiff, and a conviction could bring state or federal prosecution, jail time, and fines. In addition, you will have a permanent criminal record that will negatively impact your reputation, career, personal relationships, and the ability to receive housing and educational benefits in the future.

Fortunately, all is not lost. The law says that you are to be considered innocent until proven guilty. This means that if you have been charged with credit card fraud in Kentucky, the state has the burden of proving that you committed the crime. There is help available from a credit card fraud defense attorney who can work on your behalf to increase the chances of having your charges reduced or dismissed.

The skilled criminal defense attorneys at Dan Carman, PLLC know the tactics law enforcement and prosecutors use to get a conviction, and we are fully prepared to go up against them and fight to protect your rights. We have helped many clients accused of criminal offenses that range from misdemeanors to felonies and will do everything possible do the same for you.

We offer a free, no-obligation consultation to discuss the circumstances of your credit card fraud charges and determine the best way to help, so call us today to get started building your defense.

Why Choose Our Credit Card Fraud Defense Lawyer?

When dealing with serious criminal charges, you need the best defense available. Here are some reasons why we think you should choose Dan Carman to represent you:

• We are experienced in a wide range of criminal matters. Attorney Dan Carman has represented clients accused of criminal acts that include sex crimes, possession and distribution of drugs, child pornography, and obstruction of justice. Dan was also a Judge Advocate “JAG” defense lawyer and prosecuting attorney for Marine Corps and Navy personnel, so he knows both the prosecution and defense sides of the criminal process.
• We are recognized in our field. Dan Carman has been named in the Top 100 Trial Lawyers and Top 40 Under 40 by the National Trial Lawyers, and has won an award for the 10 best attorneys in client satisfaction by the American Institute of Criminal Law Attorneys.
• We are bilingual, speaking Spanish as well as English.
• We are available 24/7 for client emergencies.

At Dan Carman, PLLC, we know your rights and how to protect them. We have a proven track record and can make all the difference in securing a favorable outcome in your case.

Kentucky Credit and Debit Card Fraud Law

Credit and debit card fraud (or obtaining something of value through deception) are types of identity theft which involve an unauthorized party’s illegally using a credit or debit card to buy something or to steal money. Under Kentucky law:

• A credit card is any instrument issued by a business or financial institution that allows the cardholder to receive money, goods, services or anything else of value on credit.
• A debit card is any instrument issued by a business or financial institution which permits the holder to receive money, goods, services or anything of value by using money deposited by the cardholder.

Kentucky credit and debit card fraud crimes are spelled out in the state’s Credit and Debit Card Crime Act. It breaks down crimes into three categories:

Cardholder

• Fraudulent card applications: Intentionally making false statements about the person’s identity or financial information to obtain a card from an issuer.
• Fraudulently reporting a card as lost or stolen: Fraudulently using a card that was reported as lost or stolen or reporting a card as lost or stolen then fraudulently stating that transactions weren’t authorized, when they actually were.

Merchant crimes

• Misrepresenting that goods or services were provided: When a business (or an employee) intentionally represents that money, goods, services or something of value was provided but it actually wasn’t.

Third-party crimes

• Stealing or receiving stolen cards: Taking a card from another person without the approval of the cardholder or the issuer, or receiving a stolen card with the intent to sell or improperly transfer it to someone else.
• Fraudulently buying or selling a card: Buying a card from a party other than the issuer, or selling one if you aren’t the issuer.
• Using a card as security for debt: Using the card to secure a debt with the intent to defraud.
• Making fake cards: Creating or embossing an imitation card, with the intent to defraud or knowingly possessing a fake credit card.
• Unauthorized signature: Signing for a card without the cardholder’s permission, with the intent to defraud.
• Phishing: Intentionally soliciting, requesting or taking an act to induce someone to provide their card information electronically by misidentifying yourself.

Depending on the circumstances, conviction of one of these crimes would be a class A, C or D felony. Punishments range from one to fifty years of imprisonment.

Federal Law Covering Kentucky Credit and Debit Fraud

Federal laws are aimed at discouraging organized criminal trafficking of credit and debit cards.

• Under 18 U.S. Code §1029, credit and debit cards and other items allowing access to financial institutions are considered “access devices.”
• Crimes based on federal law include knowingly producing or distributing fraudulent credit cards or doing so with intent to defraud.
• Anyone engaging in the use of fake credit cards and who obtains items of a certain value may be prosecuted under federal law.

Federal laws cover the following:

• Creating, using, or selling counterfeit access devices.
• Trafficking in or using such a device to get something of value worth at least $1,000 within twelve months.
• Possessing fifteen or more counterfeit access devices, whether or not they’ve been used and whether or not the possessor created them.
• Controlling or having custody of any equipment intended to produce counterfeit devices.
• Engaging in transactions using counterfeit devices to get payment or receive items of value with total value of at least $1,000 within 12 months.
• Knowingly soliciting someone to get equipment to create counterfeit access devices.
• Acts that may contribute to a criminal conspiracy related to credit card fraud, including creating or selling in hardware or software to engage in credit card fraud.

Depending on the facts of the situation and the federal laws that have allegedly been violated, a defendant may be fined, imprisoned for up to fifteen years, or both. If the crime is a second or subsequent offense, there can be a maximum sentence of twenty years and other penalties.

Defenses for Credit Card Fraud

Depending on the circumstances of your case and available evidence, our credit card fraud defense attorneys will utilize strategies that challenge the validity and sufficiency of the prosecution’s evidence and look for misconduct by prosecutors or police officers, such as:

• illegal search or seizure
• improper confession
• police brutality
• violation of rights, such as failure to read your Miranda rights.

When these violations occur, evidence illegally obtained may be suppressed or your case may even be dismissed.

In addition, we would use common defenses that may include:

• Lack of intent to defraud.
• Mistaken identity – someone else used the credit card.
• You had authorization to use the card.
• There was insufficient evidence to prove you committed fraud.

Our goal is to produce evidence that shows reasonable doubt and undermine the legitimacy of the state’s evidence, in order to have your charges reduced or dismissed. In some situations, where you will risk facing much harsher penalties if convicted at trial, we may have you consider a plea deal or alternative punishments. Plea deals will only be made with your prior agreement.

How Our Credit Card Fraud Defense Lawyers Work to Help You

When accused of a fraud crime, it is important to get legal assistance as soon as possible to avoid making mistakes that can be used against you and to give your attorney a head start in building your defense while evidence and witnesses can be found. When you have our credit card fraud defense lawyers on your side, we get to work on your behalf immediately. We will:

• Meet with you to discuss the circumstances of your arrest, get as much information about your case as possible, and determine the best strategy for building a solid defense.
• Explain the nature of the charges against you, potential penalties, and the legal process you will go through.
• Ensure you comply with court procedures and deadlines, prepare you for all hearings and court appearances to prevent you from doing anything to hurt your case, and be there to represent you in all court appearances.
• Investigate your case, gather and evaluate evidence, and interview witnesses to build your defense.
• Scrutinize the actions of the law enforcement officials to determine if your rights were violated or evidence was handled incorrectly.
• Hire expert witnesses such as forensic experts and to support your defense.
• Negotiate with prosecutors to find ways to potentially reduce charges or obtain a more favorable plea deal. Advocate for reduced sentencing or alternative sentencing options if a conviction seems likely.
• Take your case to court to defend you if necessary. Prepare for trial, including making depositions, selecting a jury, and handling opening statements, cross-examinations, and closing arguments in order to cast reasonable doubt on the prosecutor’s case
• Take care of any appeals by representing you in appellate court to seek reversal or modification of the verdict.
• Help with the expungement process to clear your criminal record if you qualify under Kentucky law.

At Dan Carman, PLLC, we know your rights. We find weaknesses in the prosecutor’s case, negotiate to get you the best deal possible, and take your case to trial if necessary. We will be there for you in all stages of the criminal justice process, from arraignment to trial to appeal.

Credit Card Fraud FAQS

When facing serious credit card charges, you are bound to have questions and concerns.  These are best dealt with at your initial consultation, but to get started, here are some answers to questions our clients often ask:

How is credit card fraud classified in Kentucky?

While some credit card fraud for smaller amounts may be a misdemeanor, the crime is typically classified as a felony, falling under the broader category of theft by deception.

What are the penalties for credit card fraud in Kentucky?

The penalties for credit card fraud depend on the value of goods or services fraudulently obtained, as follows:

• Less than $500: Class A misdemeanor (up to 12 months in jail, fines up to $500)
• $500 to $10,000: Class D felony (1 to 5 years in prison, fines up to $10,000)
• $10,000 or more: Class C felony (5 to 10 years in prison, fines up to $10,000)

What should I do if accused of credit card fraud?

It you are accused of credit card fraud you should:

• Remain silent and not say anything that could incriminate you.
• Gether any evidence that could help your case.
• Contact a credit card defense attorney as soon as possible.

Get Help Defending Against Kentucky Credit and Debit Fraud Charges

If you or a loved one is being investigated for or charged with credit or debit card fraud, the consequences of a conviction are too serious to attempt to go it alone. Get help from the skilled and experienced criminal defense attorneys at Dan Carman, based in Lexington, Kentucky. We have a proven track record and can make all the difference in securing a favorable outcome in your case.

Call Dan Carman today at 859-685-1055 so we can begin building your defense.

GET HELP NOW 859-685-1055