Twin Falls, ID asked in Criminal Law for Idaho

Q: Used a stolen credit card unknowingly by friend who lied about the card?

Never been in trouble other than no car insurance and driving without privilege.

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1 Lawyer Answer

Kevin M Rogers

Answered
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: How can you use a credit card "unknowingly?" Let's say your name is Robert. If you used a credit card given you by a friend named John and the name on the card is Bill, how is it that you felt justified in using the card that: 1. you didn't get Bill's permission to use the card; and 2. you didn't even ask John "hey how'd you get a card with Bill's name on it?"

The last part of your question seems to suggest that you know you did something very wrong and will be held to account for it and you're wondering what the potential penalty will be since the only trouble you've been in is for insurance and DWP?

If you have used a credit not belonging to you, the only question for the jury is "did you use a credit card that you knew or should have known had been stolen?" If you are unable to explain to the jury how you could be using a card that you don't own and that you didn't get permission from the owner of that card, the jury is likely to convict you of theft, felony.

The maximum penalty for Felony Theft is 20 years in prison and a $10,000 fine. Typically in Twin Falls County the sentence will be probation the first time but a possible rider, based on your LSI score and your Pre-Sentence Report.

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