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  1. #1

    Default Fraudulent Use of a Credit Card, Theft by Receiving, Commercial Burglary

    My question involves criminal law for the state of: Arkansas

    First of I'm posting for my sister. This is her second offense, first was a misdemeanor, theft from Wal-Mart. She was banned from Wal Mart and let off fairly easy. This was several years ago.

    Now she's being charged with Commercial burglary, Theft by Receiving, And Fraudulent use of a credit card. This happened at Wal mart so there's that.

    The situation was this; she was with her boyfriend who found a wallet on the ground, he picked it up and took the cash. They then went to Wal-Mart and used the credit card to purchase 2 gift cards and do some shopping (necessities, not anything outrageous). They were caught later at her home. All the stolen merchandise was recovered. Her bail was set at 3500 and his at 3000. He was also charged for 2 felonies and possession.

    Added to that my sister also has 2 misdemeanors (contempt) from failing to appear for her former charges.

    Now in all of this her hands never touched the credit card or the wallet. She did not buy anything, she was just a knowing party trespassing onto Wal-Mart.

    I think the theft by receiving will stick but the others seemed way out there. She did not use the credit card nor did she steal or intend to steal from Wal-Mart. She was just a knowing party. And the theft by receiving is for $500-$2500 but the total amount of items taken was under $500 and the only things she actually received was maybe $100 worth of groceries and such. I don't know if that would be a lower class felony (they're all class C felonies I believe) or a misdemeanor.

    I believe her charges should be something like contempt X 2, trespassing, a lowered theft by receiving, and some kind of accessory to something charge.

    We're looking to hire a lawyer and she's got until mid July until she pleads. What is your advice, what kind of punishment is she looking at, and do you think these trumped up charges will be dropped easily? Also would you advise pleading not guilty?

    Also possibly noteworthy is that the wallet and card...belonged to a lawyer.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Fraudulent Use of a Credit Card, Theft by Receiving, Commercial Burglary

    She needs to do two things. First she needs to get away from the bad news boyfriend. Second, she needs a lawyer big time. Touching the wallet is not required. The fact that she was a willing participant makes her as guilty as the boyfriend. The fact that she received the proceeds of the stuff that they procured with the stolen card is indication enough.

    Your sister with several felonies that she is apparently guilty of, and an extensive prior criminal history, would be lucky to escape incarceration on this charge.

    The fact that the wallet belonged to a lawyer may mean that you may also see a civil suit coming. It has no bearing on the criminal charges.

  3. #3

    Default Re: Fraudulent Use of a Credit Card, Theft by Receiving, Commercial Burglary

    Civil suit is not great news but we're mostly focused on keeping her out of any kind of jail.

    And the bad news boyfriend is already old news, he left her in jail and is now hiring a lawyer with (likely) the intent to pin what he can on her. But like I said, they have the entire thing on camera, and a MASSIVE stack of stills.

    Is it reasonable to think that she can avoid jail time? And she is guilty of some things but it seems like most charges should be reduced and maby some dropped? I don't know what constitutes the "intent to commit theft" but that's what got her the commercial burglary. She didn't steal nor did she intend to, he did. She was along for the ride but I can't see how knowing someone was going to steal and going along for the ride equals the intent to steal.

    Also any advice on CHEAP lawyers? We figure every lawyer went to law school and passed so at the very least they wont be stupid/ bad no matter the price. We're in Arkansas. I don't know exactly how they work? Some want $5000 before and $5000 after, one charges $2500 per felony and needs 2500 up front and say they can work out the rest after.

    Also I wouldn't call it and "extensive" criminal history. But then again I'm no judge or jury.

    Another thing is her boyfriend got paraphernalia charges. They are both on methadone (legal but still very bad news), and she is going into rehab this week. Do you think this will help her in court? She wasn't nicked for any drug charges but she could try for a "I was an addict, I'm getting better" angle. Does that ever help?

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Fraudulent Use of a Credit Card, Theft by Receiving, Commercial Burglary

    The intent was proven when the found the wallet and then took the card to a second location to knowingly steal from the wallet's rightful owner. In other words, they PLANNED to steal.

    We are, however, not psychic... we cannot predict what the judge will or will not do.

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