Jacksonville Unlawful Possession of a Stolen Credit Card or Debit Card Lawyer

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Credit card crimes are on the rise and the legislature continues to enact tough legislation with stiff penalties.  Often, the State will charge Unlawful Possession of a Stolen Credit Card along with other credit card crimes, including trafficking in credit cards or Personal Identification Theft crimes.  If you have a Stolen Credit Card case, give the experienced Jacksonville criminal defense lawyer of LGL a call today to discuss your options and what we can do for you.

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Unlawful Possession of a Stolen Credit Card or Debit Card is defined in Florida Statute Section 817.60 (8).  To prove the crime of Unlawful Possession of a Stolen Credit Card or Debit Card, the State must prove:

• You knowingly possessed, received, or retained custody of a credit card or debit card, and

• The credit card or debit card had been taken form the possession, custody or control of another without the cardholder's consent, and
  

• You knew the credit card or debit card had been taken form the possession, custody or control of another without the cardholder's consent, and
  

• At the time, you possessed received, or retained the credit card or debit card, you had the intent to impede the recovery of the credit card or debit card by the cardholder. 
  

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Unlawful Possession of a Stolen Credit Card or Debit Card is a third degree felony, punishable by up to 5 years in prison.  There may be options to avoid jail or prison, even if the State has enough evidence for a conviction.  The first step of the analysis is to determine whether the State has enough evidence.  If you determine that you do not want to go to trial and even if the evidence is overwhelming, there could be options available to you, including pretrial diversion programs, probation, home detention and other possible alternatives to incarceration.  It is important to consult with an experienced criminal defense attorney in your area to find out how typical cases similar to yours is generally handled in your circuit and before your judge.  If you have an Unlawful Possession of a Stolen Credit or Debit Card case in or near Jacksonville, Florida, call our criminal defense attorney to set up a free consultation.  

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Many people arrested under this statute when they are simply near a stolen credit card.  If you have exclusive possession of the card, the jury can infer that you knew it was there.  However, the law states that mere proximity to a stolen credit card is not sufficient to establish control over it when it is not in a place over which you have control.   Even if you have control over the area where the stolen credit card is found (for example, your car), the State must still prove that you knew it was there and knew it was stolen.  This common defense arises when there are multiple people who have access or have had access to the area where the card was located by law enforcement.  Of course, every case is different and the defenses will be contingent on the facts of your particular case.  Give us a call to discuss your case. 

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