Criminal Law Review

What is the penalty for credit card fraud?

Credit card fraud penalties and credit card fraud sentence varies by felony and misdemeanor classes and by jurisdiction and state. Find general sentencing information in New York below (we are federal criminal lawyers and handle all state and federal credit card fraud cases).

1. Third degree identity theft is class A misdemeanor (penal code 190.78

2. Second degree identity theft is a class E felony (penal code 190.79)

3. First degree identity theft is a class D felony (penal code 190.80)

4. Third degree unlawful possession of personal identifying information is a class A misdemeanor (penal code 190.81)

5. Second degree unlawful possession of personal identifying information is a class E felony (penal code 190.82)

6. First degree unlawful possession of personal identifying information is a class D felony (penal code 190.83)

Credit Card Fraud Penalties
Credit Card Fraud Sentence Information

Class C Credit Card Penalties Possible

First Offense
Lowest Amount of time possible: no jail time or probation
Highest amount of time possible : 5 to 15 years in prison

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible: 3 to 6 years in prison
Highest amount of time possible : 7 ½ to 15 years in prison

Repeat Offense (Violent Predicate)
Lowest Amount of time possible: 3 to 6 years in prison
Highest amount of time possible : 7 ½ to 15 years in prison

Class D Non Violent Felony Penalties

First Offense
Lowest Amount of time possible: no jail time or probation
Highest amount of time possible : 2 1/3 to 7 years in prison

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible: 2 to 4 years in prison
Highest amount of time possible : 3 ½ to 7 years in prison

Class E Non Violent Felony Penalties

First Offense
Lowest Amount of time possible: no jail time
Highest amount of time possible : 1 1/3 to 4 years in prison

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible: 1 ½ to 3 years in prison
Highest amount of time possible : 2 to 4 years in prison

Repeat Offense (Violent Predicate)
Lowest Amount of time possible: 1.5 to 3years in prison
Highest amount of time possible : 2 to 4 years in prison

Class A Misdemeanor Credit Card Fraud Sentence Possible

First Offense
Lowest Amount of time possible: no jail time
Highest amount of time possible : 1 year in jail

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible: no jail time
Highest amount of time possible : 1 year in jail

Repeat Offense (Violent Predicate)
Lowest Amount of time possible: no jail time
Highest amount of time possible : 1 year in jail

Class B Misdemeanor

First Offense
Lowest Amount of time possible: no jail time
Highest amount of time possible : 90 days in jail

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible: no jail time
Highest amount of time possible : 90 days in jail

Repeat Offense (Violent Predicate)
Lowest Amount of time possible: no jail time
Highest amount of time possible : 90 days in jail

Violation Penalties

First Offense
Lowest Amount of time possible: no jail time
Highest amount of time possible : 15 days in jail

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible: no jail time
Highest amount of time possible : 15 days in jail

Repeat Offense (Violent Predicate)
Lowest Amount of time possible: no jail time
Highest amount of time possible : 15 days in jail

(note: federal sentencing for credit card fraud the sentencing standards for credit card fraud are classified as a Class C felony first offense and Class B felony for repeat offenses).

If you drive in Michigan, you may be aware of a few of the state’s penalties for driving violations. But, did you know that Michigan has some of the toughest drunk driving laws in the country? Would you know how to prevent a simple speeding ticket from turning into a serious blot on your driving record?

While your best defense is to carefully follow all driving regulations, sometimes accidents happen and even the most conscientious driver can run afoul of the law. Knowing the facts about driving violations can help you protect your rights and avoid further penalties. Some of the most common areas of concern for drivers are speeding, drunk driving and license suspension. Before you get behind the wheel, review the following information about these key driving laws - it may just save your right to drive.

Speeding / Minor traffic violations

Even small infractions of the law can result in points on your license:

- Careless driving has a penalty of 3 points

- Most speeding tickets incur 4 points.

- Reckless driving wreaks even more damage, with 6 points and possible jail time.

And if you think you’re safe as an out-of-state driver - think again! While many drivers think they can get away with speeding tickets when they are away from home, the Michigan Secretary of State shares any conviction records with the driver’s home state.

Driving with a suspended license is a misdemeanor offense, but it still carries with it a penalty of jail time. In fact, many Michigan courts require jail as part of a sentence for drivers with prior convictions. Add that to 6 points and an even longer suspension period for your license, and the penalties can be harsh.

What you may not know is that many of these offenses can be handled in court - without your presence. If you give an attorney permission to negotiate a plea bargain on your behalf, you may never have to appear in court. However, in order to have this option, you must respond IMMEDIATELY when you receive a traffic ticket. Typically the period of time in which you have to initially respond is 10 days - after which, you lose your right to fight the charges.

Drunk Driving

Alcohol offenses are known by several different terms in Michigan:

- OWI — Operating While Intoxicated (Blood Alcohol Content above .08)

- UBAL or UBAC — driving with an unlawful bodily alcohol level/content

- OWI — operating while impaired, which though it shares the acronym, carries lesser penalties than operating while intoxicated.

Penalties can vary - the court is allowed their own discretion in determining the price you will have to pay for your alcohol-related offense.

- First offense — the court can assign you up to 93 days of jail time, plus license suspension involving either a 30-day suspension with a 150-day restricted license for Operating While Intoxicated OR a 90-day restricted license for Operating While Impaired. Probation is usually included after you have served your jail time, along with any additional conditions the judge decides to incorporate.

- Second offense - if you are charged with Operating While Intoxicated within 7 years of your first violation, the court can sentence you up to one year in jail, plus probation and a mandatory one year suspension of your license. You can’t even apply for a restricted license during this period - and there’s no guarantee you will get it back after the one year period ends.

- Third offense - if you are charged with a third drunk driving offense, you will be charged with a felony, and the court can sentence you to prison for up to 5 years. The key difference with a third offense is that it doesn’t matter how long ago your prior offenses occurred. This is a relatively new law; previously the requirement was that you have three offenses in ten years, but as of 2007, the newer and harsher penalties apply.

Note that in addition to all of these more serious penalities, Operating While Intoxicated adds 6 points to your license and a driver’s responsibility fee of $1000 per year for two years. Operating While Impaired adds 4 points to your license and a driver’s responsibility fee of $500 per year for two years. These fees are in addition to the court costs and fees.

License Suspension

Losing your license can seriously compromise your mobility and personal freedoms. Yet many people who have had their license suspended simply assume there are no more options and don’t think to contest this penalty. But there are actually two different ways in which a person can try to recover their right to drive:

- You can file an action in the circuit court. The circuit court judge then has three options - he or she can deny your request, fully restore your license, or restore your license with restricted driving privileges.

- You can petition the Secretary of State drivers’ license appeal division (DLAD) and appear before an administrative law judge to present your case for why your license should be restored. The Secretary of State has strict guidelines for determining whether someone is eligible to appeal a license suspension - often in drunk driving cases, you cannot file an appeal for at least one to five years.

In either case, effective legal representation is vital - if your case isn’t adequately prepared, your hearing will not result in restored driving privileges. And, you must then wait an entire year before attempting to file another action or applying for another appeal. A successful legal strategy will often include witnesses to establish your credibility, as well as documentation of any substance abuse counseling (if your suspension was related to a drunk driving charge). Judges are busy people, and they do not look kindly on anyone wasting their time with a poorly prepared case. Don’t make the mistake that could cost you the right to drive; contact an experienced Michigan criminal defense attorney.

All the obvious technological marvels aside, one of the greatest inventions for some individuals has been a bail bond. It is hard to imagine but once upon a time these did not exist.

If you were arrested, then you sat in jail until the judge sentenced you. Bail bonds are for the benefit of the people that have been arrested but cannot afford to sit in jail until the trial occurs.

Bail bond agents work on a pretty simple premise. A bail bond is a guarantee that you will show up to court. It works like this: the person is arrested, the judge decides what the bail will be and bail bond agents then pay a percentage to the court to allow the defendant to leave.

The bail agency is guaranteeing that the person will show up to court. If that does not happen, then trouble starts because they want to get their money back. If the defendant does not show up for the court appearance, then the money placed for bail is forfeited.

Bail bonds are not always used. There are times when the judge will release a defendant on his own recognizance. That means he will trust the person to show up to court and not flee before the court date.

The worse the crime, the less likely the judge will be to do this type of bail bond. He or she does not want the person to flee if the defendant thinks that he or she will be found guilty.

Bail bond agents act as a surety. They are a third person that agrees to be responsible. The usual arrangement is that the bail agency puts up a certain amount of money towards the total bond.

This is usually ten percent. Unlike posting a cash bond yourself, you will not get this ten percent back because it is the fee that the agency charges for getting you out of jail and putting up the guarantee that you will show for the trail or sentencing. If you put up a cash bond, then you will get the money back once you show up at court, minus the fees of course.

If you find yourself in need of bail bonds, either for yourself, a family member or a friend, then they work in the favor of the defendant. It allows them to get back to their lives while waiting for a backed-up court system to get to their case.

This freedom is greatly appreciated when it comes to work and family life. There is no point sitting in a jail cell when you could be safely back at home.

The Federal government has made up a classification for different drugs, and although the laws vary in different states, the federal law almost always comes first. Most drug offenses happen with Schedule I and Schedule II drugs. The Controlled Substances Act regulates the making, selling, and use of all drugs in the US. The Federal Drug Administration as well as various other departments help to classify all drugs into categories based on how they are used and how they work.

Schedule I Drugs- These drugs have a high abuse tendency and have no accepted medical use of any kind. This category includes drugs like Marijuana, Heroin, Ecstasy, LSD, and GHB. Recent protesters have been trying to make marijuana a legal drug because of its “medical benefits”. Pharmacies do not sell Schedule I drugs and are also not available with a prescription by a physician.

Schedule II Drugs- Like the first category this schedule also has a high abuse tendency. Schedule II Drugs have some accepted medical use, but can cause addiction with persistent use. This category includes drugs like Cocaine, Opium, Morphine, Fentanyl, Amphetamines, and Methamphetamines. Schedule II drugs are only available with a prescription by a physician, but not all pharmacies will fill the prescriptions. These drugs require strict record and special storage measures.

Schedule III- This category of drugs have a low abuse tendency and have an accepted medical use. This category includes drugs like Anabolic steroids, Codeine, Ketamine, and Hydrocodone with Aspirin. These drugs are available with a prescription, but not all pharmacies will carry them.

Schedule IV- This category of drugs have a very low abuse tendency and have a low chance of addiction. This category contains drugs like Valium, Xanax, Rohpnol (more often known as the “date rape” drug). Like the others, this drug is available with a prescription only and is not always available at pharmacies.

Schedule V- This category has the lowest abuse tendency of all of the schedules as well as the lowest addiction rate. Schedule V drugs are like cough suppressants with Codeine. These drugs are usually regulated by stores and don’t require a prescription of any kind.

These categories are usually just bases for any judge to look at when thinking of the offense. Almost none of the drug offenses that occur will involve the lower three schedules at all.

For more information or help with your drug case, visit the website of Dentin Criminal Lawyers Alexander and Associates at www.criminallawyerdenton.com .

The case Miranda v. Arizona established the doctrine of the “Miranda Rights.” In 1963, Ernesto Miranda, an Arizona man, was arrested on charges of kidnapping and raping an 18-year-old woman. While he was being questioned, Miranda confessed to the crime and this evidence was later used to convict him. After several appeals, the case was brought before the U.S. Supreme Court. The court ruled that the police failed to inform Miranda of his right to remain silent and the right to an attorney, so the confession that was obtained during questioning was inadmissible as evidence since it violated Miranda’s Constitutional rights.

The Miranda Rights are a reflection of two rights guaranteed to all citizens by the U.S. Constitution: the right to avoid self-incrimination and the right to legal representation. The right to self-incrimination, commonly known as the right to remain silent, is guaranteed by the Fifth Amendment of the Constitution. This right is also the origin of the phrase “plead the fifth.” The right to legal representation prevents people from being taken advantage of by police and prosecutors. If you are arrested, you have the right to have an attorney present before answering any questions. These two rights were established long before the Miranda case; however, the details of the case resulted in the ruling that defendants must be informed of their rights before being questioned. Police are required to “read someone their rights” before questioning them, otherwise the information gained from the interrogation is inadmissible in court.

The actual Miranda warning contains the following information: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”

This passage is heard on television, in movies, in books, and is often taken for granted, however, these Miranda Rights are vital to anyone who has ever been or ever will be accused of a crime. If you have been accused of a crime, understand that you have the right to remain silent. Although you may be tempted to defend yourself against police accusations, it is in your best interest to follow the officer’s orders and remain silent. Cooperating with police officers’ warnings and commands does not imply that you are guilty. There will be plenty of time to defend your case once you have spoken with an attorney. Allow a seasoned criminal defense attorney to fight your battles for you so that you do not make the mistake of incriminating yourself or providing authorities with verbal evidence to use against you.