Charged with Credit Card Theft and Credit Card Fraud in New Jersey

Union County N J Theft Defense Lawyer, Anthony N. Palumbo

www.palumbo-renaud.com/PracticeAreas/Theft-Property-Crimes.asp

This blog elaborate on credit card theft and credit card fraud in New Jersey.  As an example, consider a recent case in New Jersey in which a man was charged with credit card theft for taking a credit card without consent and credit card fraud for fraudulent use of a credit card.  The 19-year-old man was charged with the aforementioned crimes after stealing his ex-girlfriend’s card and using it to withdraw $500 from her account in five separate fraudulent withdrawals of $100.  Surveillance videos were used to identify the defendant and he was later arrested at his home where he confessed.  He was charged with credit card theft and credit card fraud.

In New Jersey, credit card crimes are divided into two categories: credit card theft and credit card fraud.  There are six ways to commit credit card theft: (1) taking a credit card without consent; (2) Receiving a lost, mislaid or mistakenly delivered credit card; (3) Selling or buying a credit card from someone other than the issuer; (4) Obtaining a credit card to secure a debt; (5) Falsely making, counterfeiting or modifying a credit card; and (6) Unauthorized signing of a credit card.  And there are five ways of committing credit card fraud: (1) Using a credit card knowing it was revoked, forged, or expired; (2) Fraud committed by the provider of money, goods, or services; (3) Intent to complete a credit card without consent; (4) Receipt of anything of value as result of credit card fraud; and (5) Fraudulent use of a credit card. 

In this case, the man was charged with the first type of credit card theft: taking a credit card without consent.  This is fourth degree crime and if convicted an individual will serve up to 18 months in prison and pay $10,000 in fines.  A person is guilty of this crime if he: (1) Takes or obtains a credit card from another person without consent; or (2) Receives a credit card knowing that it is stolen or taken without consent; and (3) Has the intent to use it, sell it or give it to another.  It is clear why the man in the case above would be charged with credit card theft because he allegedly took his ex-girlfriend’s credit card without consent and with the intent to use it.

In this case, the man was also charged with the fifth type of credit card fraud: fraudulent use of a credit card.  This is a third degree crime which carries 3 to 5 years in prison if an individual is convicted.  Under this law a person is guilty if they knowingly: (1) use any counterfeit, altered, forged, lost, stolen or fraudulently obtained credit card to obtain anything else of value; or (2) acts with unlawful or fraudulent intent to furnish, acquire, or use any actual or fictitious credit card or other information pertaining to a credit card account in any form is guilty.  It is also clear why the man in the case above would be charged with credit card fraud under this statute because he allegedly stole his ex-girlfriend’s credit card and used it to obtain $500.

My name is Anthony N. Palumbo, New Jersey theft defense attorney and I have been successfully defending individuals charged with fraud for over 35 years.  Everyone is subject to poor judgment at least once in their lives and from the new feed, this sounds like a case of exactly that.  The facts infer that the woman’s credit card was caught between a lover’s dispute and as a result the man was charged with theft and fraud.  At the law offices of Palumbo & Renaud, I understand that people sometimes make bad decisions and I won’t judge you.  Contact me today for a Free Consultation at 1-866-664-8118 or visit my website at www.palumborenaud.com/PracticeAreas/White-Collar-Crimes.asp for more information about credit card theft and fraud in New Jersey.  In the immense majority of my cases, I obtain very positive results. 

Union County, N J Theft Defense Lawyer

This blog elaborate on credit card theft and credit card fraud in New Jersey.  As an example, consider a recent case in New Jersey in which a man was charged with credit card theft for taking a credit card without consent and credit card fraud for fraudulent use of a credit card.  The 19-year-old man was charged with the aforementioned crimes after stealing his ex-girlfriend’s card and using it to withdraw $500 from her account in five separate fraudulent withdrawals of $100.  Surveillance videos were used to identify the defendant and he was later arrested at his home where he confessed.  He was charged with credit card theft and credit card fraud.

In New Jersey, credit card crimes are divided into two categories: credit card theft and credit card fraud.  There are six ways to commit credit card theft: (1) taking a credit card without consent; (2) Receiving a lost, mislaid or mistakenly delivered credit card; (3) Selling or buying a credit card from someone other than the issuer; (4) Obtaining a credit card to secure a debt; (5) Falsely making, counterfeiting or modifying a credit card; and (6) Unauthorized signing of a credit card.  And there are five ways of committing credit card fraud: (1) Using a credit card knowing it was revoked, forged, or expired; (2) Fraud committed by the provider of money, goods, or services; (3) Intent to complete a credit card without consent; (4) Receipt of anything of value as result of credit card fraud; and (5) Fraudulent use of a credit card. 

In this case, the man was charged with the first type of credit card theft: taking a credit card without consent.  This is fourth degree crime and if convicted an individual will serve up to 18 months in prison and pay $10,000 in fines.  A person is guilty of this crime if he: (1) Takes or obtains a credit card from another person without consent; or (2) Receives a credit card knowing that it is stolen or taken without consent; and (3) Has the intent to use it, sell it or give it to another.  It is clear why the man in the case above would be charged with credit card theft because he allegedly took his ex-girlfriend’s credit card without consent and with the intent to use it.

In this case, the man was also charged with the fifth type of credit card fraud: fraudulent use of a credit card.  This is a third degree crime which carries 3 to 5 years in prison if an individual is convicted.  Under this law a person is guilty if they knowingly: (1) use any counterfeit, altered, forged, lost, stolen or fraudulently obtained credit card to obtain anything else of value; or (2) acts with unlawful or fraudulent intent to furnish, acquire, or use any actual or fictitious credit card or other information pertaining to a credit card account in any form is guilty.  It is also clear why the man in the case above would be charged with credit card fraud under this statute because he allegedly stole his ex-girlfriend’s credit card and used it to obtain $500.

My name is Anthony N. Palumbo, New Jersey theft defense attorney and I have been successfully defending individuals charged with fraud for over 35 years.  Everyone is subject to poor judgment at least once in their lives and from the new feed, this sounds like a case of exactly that.  The facts infer that the woman’s credit card was caught between a lover’s dispute and as a result the man was charged with theft and fraud.  At the law offices of Palumbo & Renaud, I understand that people sometimes make bad decisions and I won’t judge you.  Contact me today for a Free Consultation at 1-866-664-8118 or visit my website at www.palumbo-renaud.com for more information about credit card theft and fraud in New Jersey.  In the immense majority of my cases, I obtain very positive results. 

 

 

 

 

Unlicensed Drivers

Union County New Jersey Traffic Violations Attorney, Anthony N. Palumbo

www.palumbo-renaud.com/PracticeAreas/Unlicensed-Drivers.asp

NJ.COM, a website that provides local New Jersey news recently published an article that serves as a good example of the penalties that result when a person is convicted of a charge, ticket, or summons for Driving without a License in New Jersey.  Unlicensed Driving is a common traffic violation in New Jersey that can result when a driver has lost his license or has never received one.  If charged as an Unlicensed Driver or with any other traffic violation in New Jersey, it is important to retain a New Jersey Traffic Defense Lawyer to defend the charge.

In the recent, article, the unlicensed driver killed a 72-year-old woman in a hit-and-run accident while driving a pizza delivery vehicle.  The driver was not sentenced to jail because he was not driving recklessly.  He was going under the 35 mph speed limit, he was not drinking or under the influence of drugs, and there were no problems with his vehicle that he failed to fix.  Additionally, at the time of the accident, the victim was dressed in dark garb, was crossing the street on a green light, and the crosswalk was not working. 

Generally, under N.J.S.A. 39:3-10, the applicable statute for driving without a license, penalties for a conviction include: (1) A surcharge of $100 per year for 3 years; (2) a Fine of up to $500; and (3) up to 60 days in jail.  The driver in this case was sentenced to three years probation, 75 hours of community services, $500 in fines, and a $162 penalty.  One of the reasons the penalties may be slightly increased in this case is because the driver committed a hit-and-run.  The driver was an illegal alien who panicked at the scene of the accident, but walked back later to where the incident occurred and told the police what had happened.  He entered a plea bargain to obtain the sentence above.

For more information on Driving without a License in New Jersey, visit my website, Anthony N. Palumbo, New Jersey Driving without a License Defense Attorney at www.palumbo-renaud.com/PracticeAreas/Unlicensed-Drivers.asp

Man Sentenced to prison for Robbery in Rahway, New Jersey

Union County NJ Robbery Defense Lawyer, Anthony N. Palumbo

www.palumbo-renaud.com/PracticeAreas/NJ-Robbery-Law.asp

A Rahway man charged with 12 counts of robbery after robbing twelve banks in a 2 month stretch was sentenced to 10 ½ years in federal prison.  The robberies took place between July 8^th and September 9^th back in 2008 at various banks around New Jersey.  The man was originally charged with robbing three banks, but as part of a plea bargain, admitted to robbing the other nine banks.  The man confessed that during each robbery, he handed the teller a note ordering money, and explained that he had a gun.  In addition to his prison sentence, he will be placed on probation for three years after his release and is required to pay $82,000 in restitution.   

In New Jersey robbery is generally a 2^nd degree crime, and if convicted, a person will face 5 to 10 years in prison. However, in certain situations, Robbery can be upgraded to a 1^st degree crime which carries 10 to 20 years in prison.   One of the ways a 2^nd degree robbery can be upgraded to a 1^st degree crime is if the defendant uses or is armed with a deadly weapon when the robbery occurs.  In New Jersey, a gun is considered a deadly weapon. 

For more information on robbery in New Jersey, visit me, Anthony N. Palumbo, New Jersey Criminal Defense Lawyer, at my website at www.palumbo-renaud.com/PracticeAreas/NJ-Robbery-Law.asp  I have been defending individuals against robbery charges in New Jersey for over 35 years.  As a former county and municipal prosecutor, I have a unique approach to my cases that enables me to remain one of the most successful defense attorneys in New Jersey.  If you would like to have a confidential discussion with an experienced lawyer about a criminal charge, contact me at 1-866-664-8118 for a free consultation with no obligation.

Distinction between Criminal Coercion & Theft by Extortion

New Jersey Criminal Defense Lawyer, Anthony N. Palumbo

www.palumbo-renaud.com/CM/Custom/Theft-by-Extortion.asp

Theft by Extortion is a crime that is committed when someone threatens another individual and obtains money or property as a result of the threat.  It is codified under N.J.S.A. 2C: 20-5 and it is a 2^nd degree crime which means that if an individual is convicted of this crime, it carries a penalty of up to 10 years in prison, and there is a presumption that a convicted individual will remain in jail for 7 to 8 years.  Theft by Extortion involves what most people commonly refer to as blackmail, but the object of the threat is very specific.  The threat must be for either property or money as opposed to any other thing.  The crime known as Criminal Coercion in New Jersey is very similar to Theft by Extortion, but requires a different type of threat. 

Criminal Coercion, under N.J.S.A 2C:13-5 requires that a threat be made to restrict another’s freedom to engage in or refrain from engaging in desired conduct.  Thus, while the crimes are very similar, Theft by Extortion requires a threat to obtain property or money, whereby Criminal Coercion requires a threat that prevents or compels another to act.  This is the major distinction between the two crimes.

In addition, the penalties upon conviction are different for the two crimes.  As discussed above, Threat by Extortion is usually a 2^nd degree crime.  However, Criminal Coercion is usually a 4^th degree crime which carries up to 18 months in prison.  Criminal Coercion may be upgraded to a higher crime when the threat is to commit a crime more serious than a 4^th degree crime or the actor’s purpose is criminal.  In such a case, the crime will be upgraded to a 3^rd degree crime which carries 3 to 5 years in prison on conviction.  However, either way, Theft by Extortion is a much more serious crime.

For more information on Theft by Extortion visit my website Anthony N. Palumbo, New Jersey Theft by Extortion Criminal Defense attorney at www.palumbo-renaud.com/CM/Custom/Theft-by-Extortion.asp

Careless Driving v. Reckless Driving in New Jersey

Anthony N. Palumbo, New Jersey Criminal Defense Attorney

NJ Traffic Offenses Lawyer  -  Visit his website at:  www.palumbo-renaud.com/PracticeAreas/Traffic-Offenses-Driving-Violations.asp
A party bus that carried 48 prom students was pulled over and the driver was charged with Careless Driving.  The passengers were throwing garbage from the windows and the debris was causing other vehicles to swerve away from the bus.  The bus also had broken taillights, headlights, an oil leak, and its breaks were not working properly.

 Under N.J.S.A. § 39:4-97, Careless Driving is driving carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property. N.J.S.A. § 39:4-97.  When a vehicle is pulled over for speeding, driving without due caution, or driving recklessly, the police officer has the discretion to charge the driver with any or all of the three violations.  Thus, while in this case the driver was charged with Careless Driving, similar conduct in another case could easily result in a charge of Reckless Driving if the officer believed the conduct was in wanton disregard of the well-being of others.  Careless Driving, unlike Reckless Driving is not a criminal offense and the charges are much less severe.

 

 If a person is convicted of Reckless Driving, the penalties include jail time for up to 60 days, a fine in between $50 and $200, and 5 points on your license.  However a conviction of Careless Driving, carries penalties that include up to 15 days in jail, $200 fine, and 2 points on license.  It is important to recognize the fine line between a Careless and a Reckless Driving charge because while the difference of action may be slight, the difference in resulting penalties is great.

As a former Union County Prosecutor, Municipal Prosecutor, a current public defender and a criminal defense lawyer, I have developed strong relationships with the local officials, prosecutors, and judges in Union County.  I have a trusted reputation throughout the community, and when I advocate on behalf of my clients, my requests for a reduced or dismissed charge are taken seriously.  Contact me today at 1-866-664-8118 for a free initial consultation by phone or in person whichever is most convenient.  For more information on Traffic Offenses in New Jersey, visit my website Anthony N. Palumbo, New Jersey Criminal Defense attorney at www.palumbo-renaud.com/PracticeAreas/New-Jersey-Reckless-Driving.asp

New Jersey man charged with drinking and driving in Jersey City

Anthony N. Palumbo  NJ Criminal Defense Attorney

Union County, New Jersey DUI/DWI Defense Lawyer

www.palumbo-renaud.com/PracticeAreas/New-Jersey-DUI-DWI-Attorney.asp

Several Fridays ago, a New Jersey man was charged with driving under the influence of alcohol after he drove his car into two utility poles on Communipaw Avenue in Jersey City.  The man was driving drunk when he lost control of his four-door Honda, hit a pole, and then spun off into another pole.  The crash resulted in debris being strewn about the highway, and the engine of his vehicle was separated from the rest of the car.  The man was arrested and taken to the hospital.  He admitted to driving drunk during the incident.   

 This is the type of case that I handle on a daily basis in New Jersey.  This case is good example of a situation in which the defendant was caught openly violating the law, and admitted his actions to the police.  Many people might think that there is not much point hiring an attorney in a legal scenario such as this, but that is not the case.  There are many things that can be done to protect a person’s rights even in those situations that involve the most blatant violations.  There are many procedural protections that can be raised, and mitigating circumstances that may be brought to light.  Additionally, clients often opt for alternative sentencing programs, and a good lawyer can make this happen easily.  New Jersey has several alternative sentencing programs that help offenders rehabilitate from their abuse problems and start fresh with a clean record, and often the programs make minimal demands.

 If you have found yourself in a DUI/DWI situation like the one above, I can get a favorable outcome in your case.  My name is Anthony N. Palumbo, New Jersey DUI/DWI defense lawyer, former prosecutor, and public defender.  I have been working cases from all different sides for almost forty years, and I know how to defeat charges for my clients.  Contact me today at 1-866-664-8118 for a free consultation.  Together we can discuss your legal issues and defense strategies, and if you decide to retain my services, I will launch an aggressive defense to protect your freedom.  I have done this for countless clients, and that is why I am one of the foremost DUI/DWI defense lawyers in New Jersey.  For more information on DUI/DUI laws in New Jersey visit www.palumbo-renaud.com/PracticeAreas/Why-Hire-a-Lawyer-for-a-DUI-case.asp

Five charged with Ecstasy Distribution & Trafficking in New Jersey

New Jersey Ecstasy Defense Lawyer, Anthony N. Palumbo

www.palumbo-renaud.com/PracticeAreas/Ecstasy-Sale-and-Distribution-Lawyer.asp

On November 3, 2009, five men were arrested and charged with Ecstasy Distribution and Trafficking in New Jersey at the Newark International Airport.  Two of the men charged were airline employees working at the airport who were arrested after three other men delivered 8,500 tablets of Ecstasy into their possession.  All five individuals were charged with conspiracy to possess and distribute ecstasy, a federal crime.  The five defendants appeared before the U.S. District Court, District of New Jersey for their initial appearance.  One of the defendants who worked for the airline was released on bail, but the others remain in custody.

 Federal penalties for trafficking a schedule I and II drug (i.e. ecstasy, but not including cocaine, heroin, fentanyl, LSD, methamphetamine and PCP) are as follows.  A first offense carries a prison sentence of not more than 20 years, but if death or serious injury occurs then not less than 20 years.  A second offense carries not more than 30 years, but if death or serious injury occurs then not less than life in prison.  Compare these penalties for federal trafficking to general drug distribution penalties in New Jersey for ecstasy.  General drug distribution penalties for ecstasy in New Jersey are as follows: (1) for five ounces or more, it is a first degree crime, which carries 10 to 20 years in prison and up to $500,000 in fines; (2) for under 5 grams, but more than ½ ounce, it is a second degree crime which carries 5 to 10 years in prison; and (3) for less than ½ ounce, it is a third degree crime which carries 3 to 5 years in prison and up to $75,000 in fines.

 For more information on Drug Distribution in New Jersey, visit me, Anthony N. Palumbo, New Jersey Drug Defense Lawyer, at my website at  www.palumbo-renaud.com/PracticeAreas/Other-Drug-Offenses.asp I have personally been defending individuals against serious drug distribution charges in New Jersey for over 35  years.  As a former county and municipal prosecutor, I have a unique approach to my cases that enables me to remain one of the most successful defense attorneys in New Jersey.  If you have been charged with a drug crime or any other crime in New Jersey, and you would like to discuss your case with an experienced lawyer, without having to pay a fee, or incur an obligation, contact me at      1-866-664-8118. 

Driving on a cell phone charges in Union County, New Jersey

New Jersey Defense Lawyer, Anthony N. Palumbo

www.palumbo-renaud.com/PracticeAreas/Traffic-Offenses-Driving-Violations.asp

One of the traffic violations I hear about constantly is driving on a cell phone in New Jersey.  The law banning cell phones while driving was implemented on March 1, 2008 yet people continue to be ticketed for this offense in astonishing numbers.  Before March 1, 2008, police could only ticket drivers for cell phone use if they committed a traffic violation while actually using a phone, but when the law was changed, talking while driving became a primary offense.  By March 2009, 108,000 traffic tickets had been handed out to individuals driving on cell phones in New Jersey.  Prior to the enactment of the law, it was calculated that in 2007 that there were 22,641 crashes in New Jersey and 1,866 of them involved drivers on cell phones.  An additional 1,421 of those crashes involved individuals using cell phones with hands-free devices.  The ticket for talking on a cell phone while driving in New Jersey is $100 and driving while using a cell phone with a hands-free device is still legal.

For more information on traffic violations in New Jersey, visit me, Anthony N. Palumbo, New Jersey criminal defense lawyer at www.palumbo-renaud.com/PracticeAreas/New-Jersey-Reckless-Driving.asp  I defend all types of traffic charges from minor speeding tickets to serious offenses such as death by auto.  As one of the most successful traffic defense lawyers in New Jersey, a former county and municipal court prosecutor, I am well respected in the legal community. I have  personally been eliminating traffic tickets and charges for over 35 years.

The No-Knock Search Warrant Provision

New Jersey Criminal Defense Attorney

www.palumbo-renaud.com/PracticeAreas/Criminal-Legal-Process.asp

Generally, both the 4th Amendment which protects individuals against unreasonable search and seizure, and the laws of New Jersey require police to knock and announce their presence at a home or dwelling before executing a search warrant.  This is commonly referred to as the Knock and Announce Rule.  If the police fail to comply with this provision when executing a search warrant, the evidence obtained during the search may be prevented from coming in at trial.  However, in certain situations, upon applying for a search warrant in New Jersey, an officer can insert a No-Knock provision, requesting that the judge who issues the search warrant waive the Knock and Announce Rule.

There are three requirements that must be satisfied in order for a judge to properly waive Knock and Announce Rule.  First, the officer applying for the warrant must have a reasonable, particularized suspicion that a no-knock entry is required to either: (1) prevent the destruction of evidence; (2) protect the officer’s safety; or (3) effectuate the arrest or seizure of evidence. State v. Jones, 358 N.J. Super 420 (N.J. Super. Ct. App. Div., 2003). Second, the officer must explain the reasons that form the basis of his suspicion, and those reasons must be based on all the circumstances surrounding the arrest (the totality of the circumstances). Id.  Finally, the police officer must provide an objective reason to support the no-knock entry. Id.  The reasoning cannot be based on a mere hunch, but it may be partially based on what the officer has learned throughout his experience as a policeman.  All of this information must be set forth in the affidavit required when an officer applies for a search warrant.

State v. Jones, 358 N.J. Super 420 (N.J. Super. Ct. App. Div., 2003), is a New Jersey case that provides a good example of when the Knock and Announce Rule will be waived in order to protect an officer’s safety.  In Jones, the defendant challenged the issuance of a No Knock Provision on grounds that the officer did not present the requisite information to properly obtain a waiver.  The court found that the Knock and Announce Rule was properly waived because there was an objective, and reasonable articulable suspicion that waiving the rule was necessary to protect officer’s safety.  In this particular case, the defendant had a laundry list of drug and violence related offenses in his prior criminal history.  He had been convicted of criminal trespass, disorderly conduct, and harassment; arrested for assault on a police officer, criminal mischief, unlawful possession of a weapon, aggravated assault with a weapon, distribution of a controlled dangerous substance (“CDS”), possession of a CDS, and distribution of a CDS on school property. Id.  In considering the defendant’s challenge to the constitutionality of his arrest, the court concluded that based on the totality of the circumstances, espically the defendant’s criminal history, waiver was properly required in order to protect the arresting officer’s safety.

For more information on the Criminal Charges in New Jersey, visit my website Anthony N. Palumbo, New Jersey Criminal Defense attorney at www.palumbo-renaud.com.

Child Molesters & Miranda Warnings

New Jersey Child Molestation Attorney

www.palumbo-renaud.com/PracticeAreas/Crimes-Against-Children.asp

The New Jersey Supreme Court recently held that police were not required to repeat Miranda rights to a child molester during the custodial interrogation which resulted in his arrest.  In the child molestation case, the man went to the police station under the impression that his uncle was under investigation for child molestation.  The police read the man his Miranda rights then questioned him.  Later, the police informed him that he was also a suspect in the investigation, and could possibly be facing molestation charges.  The definition of child molestation is a crime involving sexual relations between an adult and a minor child who is usually less than 14 years of age.  And a conviction of this crime results in lifelong legal consequences.  In the case described above, the accused was ultimately convicted and sentenced to 18 years in prison.  The lower court found that the police should have re-stated the man’s Miranda rights once he became a suspect, and that since the rights were not re-stated, any statements made by the man after he became a suspect could not be used at trial.  While the suspect entertained an avid criminal defense, the New Jersey Supreme Court reversed the lower court ruling in a unanimous decision.  While this decision may seem like the law is depriving sex offenders of their constitutional rights, the decision does not actually have anything to do with child molestation law.

Last February, the New Jersey court ruled that when an individual is Mirandized and questioned as a witness, but later becomes a suspect, the police are not required to re-state his Miranda rights in accordance with the 5th Amendment.  State v. Nyhammer.  Thus, it is irrelevant that the man in this case was a sex offender because the same rule would have applied if he had committed another crime and his status changed from witness to suspect.  Miranda rights are those rights read by the police when you are arrested.  If you have ever watched Law & Order you have probably heard detective Elliot Stabler or detective Olivia Bensen read these rights on TV.  “You have the right to remain silent.  Anything you say or do can be used against you in a court of law…”  What these rights actually require is that before a person is questioned, that person must be warned that he does not have to say anything to the police, and he can request an attorney.  If he requests an attorney, no more questions can be asked until the attorney arrives.  If questions are asked, the answers will not be allowed at trial.  A person can also waive the Miranda right and choose to speak to the police, but if at any time he asks for an attorney, the questioning must end until an attorney arrives.  Thus, it is important to always ask for an attorney and refrain from answering police questions, not matter how tempting.

For more information on Crimes against Children in Union County, visit my website Anthony N. Palumbo, New Jersey Criminal Defense Lawyer at www.palumbo-renaud.com/PracticeAreas/Crimes-Against-Children.asp