Orlando, FL asked in Criminal Law for Florida

Q: My boyfriend used his then girlfriend's cc over the phone for car repair. She later disputed the chrg of about $3,600.

The money was put back on her cc,but he was still ARRESTED & CHRGD W/A FELONY!! He's never been in trouble before. He just turned 50 & she's 70. If she received her money then why can't these changes be dropped. He said his attorney said the state of Florida didn't want to drop the case because the lady is old & the company is upset & want their money,but the company is not listed as the plaintiff. So if they want their money can't they sue? It makes no sense. It seems that the company is riding on that womans coat tails in order for them to get their money. Please help me understand how this is the law. Oh,and the ex disputed the charges after they broke up

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1 Lawyer Answer
Matthew J. Olszewski
Matthew J. Olszewski
  • Criminal Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: The crime has nothing to do with whether or not the money was returned or not. I’m assuming the charge is unauthorized use of a credit card. In simple terms the simple act of using someone’s credit card without their permission is the crime. So whether or not, the money was returned or not is irrelevant to the crime. The fact that the money was returned though should make the case easier to deal with and since he has no criminal history in most jurisdictions, he should be eligible for some sort of pretrial diversion program that most of the time results in a dismissal of the charges.

Andrew Lawrence Moses agrees with this answer

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