Elizabeth, NJ Credit Card Theft Attorney

Section 2C:21-6 – Credit Cards

Did you find a lost credit card? Maybe you borrowed a friend’s card without permission. In New Jersey, these actions and others can result in criminal charges under the New Jersey Code of Criminal Justice 2C:21-6. This law protects consumers from credit card theft and misuse. In addition, you or your loved one can be facing potential receiving stolen property, theft by deception, and theft by unlawful disposition charges depending on the circumstances of the case.

Being accused of credit card theft in New Jersey under N.J.S.A. 2C:21-6 can be a stressful experience. The potential consequences, including fines, jail time, and a criminal record, can be life-altering. That’s where New Jersey criminal defense attorney Brett M. Rosen comes in.

Here’s How Attorney Rosen Can Help You:

• Protecting Your Rights: From the very first interaction with law enforcement, Attorney Rosen will ensure your rights are protected throughout the legal process.
• Understanding the Charges: He will meticulously review the charges against you under N.J.S.A. 2C:21-6 and explain the potential penalties in clear terms.
• Investigating Your Case: Attorney Rosen will conduct a thorough investigation to gather evidence that supports your innocence or identifies weaknesses in the prosecution’s case.
• Exploring Defenses: He will explore all potential defenses applicable to your situation, such as mistaken identity, lack of knowledge, or insufficient evidence.
• Negotiating with Prosecutors: Attorney Rosen has the experience and skills to negotiate with prosecutors to potentially reduce charges or seek alternative solutions like Pre-Trial Intervention (PTI).
• Representing You in Court: If necessary, Attorney Rosen will represent you aggressively and effectively in court, fighting for the best possible outcome.

If you’re unsure about the legalities surrounding credit cards in New Jersey, contact our office today or continue reading this comprehensive guide which will explain everything you need to know.

Understanding N.J.S.A. 2C:21-6

This statute outlines various ways someone can violate credit card laws in New Jersey. Here’s a breakdown of the key points:

• Taking a Credit Card Without Consent (2C:21-6(c)(1)) : This applies to stealing a credit card or obtaining it through deceptive means.
• Receiving a Stolen Credit Card (2C:21-6(c)(1)) : Knowing a credit card is stolen and possessing it with the intent to use or sell it falls under this category.
• Presumption of Guilt for Possession (2C:21-6(c)(1)) : Having two or more credit cards in other people’s names creates a presumption of guilt, but it’s not absolute.
• Receiving Lost or Mislaid Cards (2C:21-6(c)(2)) : Finding a lost credit card and keeping it with the intent to use or sell it is considered theft.
• Selling or Buying Stolen Credit Cards (2C:21-6(c)(3)) : This involves any transaction involving a stolen credit card besides returning it to the issuer or cardholder.
• Unauthorized Credit Card Signing (2C:21-6(d)) : Signing someone else’s credit card without permission to defraud the issuer or cardholder is a crime. Similarly, possessing multiple signed cards with fraudulent intent is also illegal.

Definitions:

• Cardholder: The person or organization named on the face of a credit card.
• Credit Card: Any tangible or intangible instrument issued by an issuer for obtaining money, goods, services, or anything else of value on credit.
• Expired Credit Card: No longer valid due to elapsed term.
• Issuer: The business organization or financial institution issuing the credit card.
• Receives: Acquiring possession or control of a credit card.
• Revoked Credit Card: No longer valid due to suspension or termination by the issuer.

Penalties for Violating N.J.S.A. 2C:21-6:

1. False Statements: Making false statements to procure a credit card issuance is a fourth-degree crime.
2. Credit Card Theft:
   • Taking or obtaining a credit card without consent: Fourth-degree crime.
   • Receiving a credit card knowingly taken without consent: Fourth-degree crime.
   • Receiving a lost, mislaid, or mistakenly delivered credit card: Fourth-degree crime.
3. Fraudulent Use of Credit Card:
   • Using a counterfeit, altered, forged, stolen, or fraudulently obtained credit card: Third-degree crime.
   • Furnishing, acquiring, or using any actual or fictitious credit card with unlawful intent: Third-degree crime.

Typically, Credit card theft and misuse are considered fourth-degree crimes in New Jersey. A conviction can lead to:

• Up to 18 months in prison
• Fines of up to $10,000
• Restitution to the victim for any financial losses

The severity of penalties can increase depending on the amount of money involved or if the offense involved multiple cards. While less common, credit card crimes can rise to the level of a third-degree or even a second-degree crime in certain situations. These carry significantly harsher penalties:

• Third-Degree: This carries a potential prison sentence of 3-5 years and fines of up to $15,000. This might apply if the victim is elderly or disabled, or if the stolen amount is particularly high.
• Second-Degree: This is a serious felony with a potential prison sentence of 5-10 years and fines of up to $150,000. This is typically reserved for large-scale credit card fraud operations.

Remember, these offenses carry serious consequences, including fines and imprisonment. Always consult legal professionals, such as Brett M. Rosen, for personalized advice. Contact our office today to discuss your credit card crime in New Jersey.

Facing N.J.S.A. 2C:21-6 Credit Card Theft Charges in New Jersey: What to Do Now

Being accused of credit card theft in New Jersey can be a stressful and confusing experience. N.J.S.A. 2C:21-6 outlines the law and potential penalties for various credit card offenses. Here’s what you should do if you find yourself facing such charges:

1. Stay Silent and Contact an Attorney Immediately:

• Don’t talk to the police without an attorney present. Anything you say can be used against you in court.
• Contact a skilled New Jersey criminal defense attorney specializing in credit card theft cases. They can advise you on your rights and build the best possible defense strategy.

2. Understand the Charges:

• Your attorney will explain the specific charges against you under N.J.S.A. 2C:21-6 and the potential consequences. These can range from fines and probation to jail time, depending on the severity of the offense.

3. Gather Evidence (if possible):

• While your attorney will handle most of the investigation, if you have any documentation or evidence that supports your innocence, gather and share it with them. This could include receipts, witness statements, or anything that helps explain your situation.

4. Follow Your Attorney’s Instructions:

• Your attorney is your advocate throughout this process. Be honest and transparent with them about the details of the case. Follow their guidance and instructions carefully.

5. Don’t Panic:

• Facing these charges can be overwhelming, but remember, you have rights. A qualified attorney can fight for you and explore potential defenses under N.J.S.A. 2C:21-6, such as mistaken identity, lack of knowledge, or insufficient evidence.

Remember: This is just a general overview. Every case is unique. Contacting a New Jersey criminal defense attorney as soon as possible, such as Brett M. Rosen, is the most crucial step to take if you’re facing credit card theft charges. They can provide personalized legal advice and navigate you through the legal process.

Busted with a Plastic Nightmare? Defenses for New Jersey Credit Card Crimes (N.J.S.A. 2C:21-6)

Facing credit card theft charges in New Jersey? Don’t panic! N.J.S.A. 2C:21-6 outlines the law, but there might be ways to fight the accusations. Here’s a comprehensive breakdown of potential defenses to help you navigate this situation:

Common Defenses:

• Authorization: You had permission! This is a strong defense. If you borrowed the card with the owner’s consent, you can argue there was no criminal intent. Proof like text messages or witness testimony can be helpful.
• Mistaken Identity: Mistakes happen! Maybe you used your own card at a store and someone mistakenly flagged it as stolen. Having a receipt or security camera footage showing you using your own card can help clear your name.
• Lack of Criminal Intent: Knowledge is key! Did you find a lost card and unknowingly use it? Perhaps you received a stolen card without realizing it was obtained illegally. If you can demonstrate you lacked the intent to defraud, it can be a powerful defense.
• Identity Theft Victim: The tables are turned! Did someone steal your identity and use it for credit card fraud? Reporting the identity theft to the authorities and providing proof can help shift the blame to the real culprit.

Remember: The burden of proof lies with the prosecution. Our job is to cast doubt on their case and raise reasonable explanations for your actions.

Beyond the Basics:

• Entrapment: They can’t trick you into a crime! If law enforcement pressured or induced you into committing credit card fraud, this could be a valid defense.
• Insufficient Evidence: The prosecution needs a strong case. If the evidence against you is weak, circumstantial, or incomplete, you can argue for dismissal of the charges.
• Procedural Errors: Did the police violate your rights during the arrest or investigation? Technical mistakes by law enforcement can potentially get evidence thrown out and weaken the case against you.
• Improper Police Procedure: If law enforcement violated your rights during the investigation, such as an illegal search and seizure, evidence obtained might be excluded from court.
• Defective Charging Document: Technical errors or omissions in the charges against you could lead to dismissal.

Procedural Defenses:

• Statute of Limitations: There’s a time limit for filing charges. If the prosecution exceeded this limit, the case could be dismissed.
• Double Jeopardy: You cannot be tried for the same crime twice. If you previously faced charges for the same incident and the case was resolved, this defense might apply.

Consent Defenses:

• Apparent Authority: Did you believe, in good faith, that the person who gave you the card had the authority to do so (e.g., spouse using a family card)?

Remember: The success of these defenses depends on the specific facts of your case.

Additional Points to Consider:

• Cooperation: While not technically a defense, cooperating with the investigation and showing remorse might lead prosecutors to consider a plea bargain with reduced charges.
• Alibi: Can you provide evidence that you were somewhere else when the alleged crime occurred? A strong alibi can be a powerful defense.

Here are some less common defenses you can explore with your New Jersey criminal defense attorney for a charge under N.J.S.A. 2C:21-6:

Mistake of Fact:

This defense applies if you genuinely believed the circumstances surrounding the credit card were different than reality. For example, perhaps you thought a lost card was abandoned, or you believed a friend who claimed the card belonged to them and gave you permission to use it. However, the key here is that the mistake must be reasonable.

Duress:

This is a complex defense that argues you were forced to use the credit card due to immediate threat of violence or harm to yourself or someone close to you. The burden is high for this defense, as you’ll need to prove the threat was real and left you with no other option.

Unlawful Entrapment by a Private Citizen:

While entrapment by law enforcement is a recognized defense, it’s very rare for private citizens to be held to the same standard. However, there’s a slight possibility this defense could apply if someone actively pressured or manipulated you into using the card without your initial intent to commit a crime.

Clerical Error:

This defense hinges on a mistake made by a financial institution or store that resulted in your possession of the card. For example, perhaps the bank accidentally mailed you the wrong card, or a store employee mistakenly gave you someone else’s card during a transaction.

Statutory Exceptions:

There are specific exceptions outlined in N.J.S.A. 2C:21-6 that might be applicable depending on the circumstances. For instance, the law allows spouses to use each other’s cards under certain conditions. Consulting your attorney is crucial to determine if any exceptions might apply to your case.

Disclaimer: This information is for general knowledge only and not a substitute for legal advice. Every case is unique. Contact our office today to discuss you or your loved one’s potential credit card crime.

Building Your Defense:

• Contact a Skilled Attorney: A New Jersey criminal defense lawyer experienced in credit card theft cases can analyze your situation, identify the best defense strategy, and fight for your rights in court. Contact Brett M. Rosen to discuss your or your loved one’s credit card crime in New Jersey.
• Gather Evidence: Any documents, receipts, witness statements, or anything that supports your defense narrative is crucial. The more evidence you have, the stronger your case.
• Be Honest and Transparent: Cooperation with your attorney is key. Provide them with all the details, even if they seem unfavorable. A complete picture allows them to craft the most effective defense strategy.

Don’t Face This Alone

Getting charged with a credit card crime can be stressful. Understanding the potential defenses and seeking legal counsel can make a significant difference in the outcome of your case. Remember, you have rights, and a skilled attorney (such as Brett M. Rosen) can help you protect them.

By staying informed and taking action, you can fight the charges and potentially avoid a criminal conviction. Contact our office today for a consultation regarding your New Jersey credit card crime.

New Jersey Credit Card Theft: Can PTI Be Your Second Chance (N.J.S.A. 2C:21-6)?

Facing a credit card theft charge in New Jersey under N.J.S.A. 2C:21-6 can be unsettling. The potential penalties, including fines and jail time, can be daunting. But there might be a light at the end of the tunnel: Pre-Trial Intervention (PTI).

What is PTI?

PTI is a diversionary program offered by the New Jersey courts for certain criminal offenses. It allows eligible defendants to avoid a criminal conviction by completing a period of probation and fulfilling specific requirements.

Can PTI Apply to Credit Card Theft Charges?

The good news is that PTI might be an option for some credit card theft charges in New Jersey. Here’s why:

• PTI is often available for first-time offenders. If this is your first brush with the law, PTI might be a possibility.
• The severity of the offense matters. PTI is more likely for less serious credit card theft cases, typically fourth-degree charges under N.J.S.A. 2C:21-6 (involving smaller amounts of money or a single card).

Here’s the Catch:

Getting accepted into PTI isn’t guaranteed. The decision ultimately rests with the prosecutor’s office. They consider various factors, including:

• The nature of the offense: More serious credit card theft cases involving large sums of money or multiple cards are less likely to qualify.
• Your criminal history: If you have a prior record, especially for theft-related offenses, PTI becomes less likely.
• The strength of the prosecution’s case: A strong case against you might make it harder to get into PTI.

How Can a New Jersey Criminal Defense Attorney Like Brett Rosen Help?

A skilled attorney can significantly increase your chances of getting into PTI for a credit card theft charge. Here’s how:

• Negotiating with prosecutors: They can negotiate with the prosecutor’s office to convince them to recommend PTI for your case.
• Highlighting mitigating factors: Your attorney can present evidence and arguments that demonstrate you’re a low risk and a good candidate for PTI. This could include factors like taking responsibility for your actions, showing remorse, and demonstrating a willingness to make amends.

Remember: PTI is a valuable program that can help you avoid a criminal record and the harsh consequences of a conviction. Consulting with a New Jersey criminal defense attorney, like Brett M. Rosen, is essential to explore the possibility of PTI and increase your chances of a successful outcome. Contact our office today at 908-312-0368.

New Jersey Credit Card Theft: Understanding the Impact on Your Status (N.J.S.A. 2C:21-6)

Being accused of credit card theft in New Jersey can be a frightening experience. Beyond the immediate legal consequences, you might wonder: “Will this affect my life outside of New Jersey? Can it impact my national reputation or even immigration status?” This guide explores how a New Jersey credit card theft charge under N.J.S.A. 2C:21-6 can potentially impact your standing in the United States.

The Potential Fallout:

A credit card theft conviction in New Jersey can have consequences that extend beyond the state lines:

• National Criminal Background Checks: A conviction will show up on most national background checks, potentially hindering your ability to:
  
  • Secure employment, especially in finance or security-sensitive fields.
  • Rent an apartment or obtain a loan.
  • Obtain professional licenses in certain professions.
• Immigration Issues: For non-citizens, a credit card theft conviction can complicate your immigration status, especially if you’re applying for naturalization or facing deportation proceedings.
• Public Reputation: A criminal record can damage your reputation and affect personal relationships.

The Severity Matters:

The severity of the impact depends on several factors:

• The Degree of the Crime: Fourth-degree charges (most common for credit card theft) are less damaging than higher-degree felonies.
• The Disposition of the Case: A dismissal or acquittal carries less weight than a conviction. Completing a program like Pre-Trial Intervention (PTI) might lessen the long-term impact.
• Your Criminal History: A clean record carries less weight than a history of criminal offenses.

Mitigating the Damage:

There are steps you can take to minimize the lasting effects:

• Seek Legal Counsel: A skilled New Jersey criminal defense attorney, such as Brett M. Rosen, can fight the charges and explore options like plea bargains or PTI to potentially avoid a conviction.
• Expungement: In some cases, after a certain period and upon meeting specific criteria, you might be eligible to have your record expunged (cleared). Consult an attorney, like Brett M. Rosen, to see if you qualify.

Understanding the Potential Consequences is Crucial

While a New Jersey credit card theft charge can be concerning, it doesn’t have to define your future. By seeking legal guidance and taking proactive steps, you can minimize the potential impact and move forward. Contact Brett M. Rosen regarding your New Jersey credit card theft charge.

Here’s what you can do now:

• Contact a New Jersey criminal defense attorney Brett M. Rosen to discuss your case and explore your options.

Remember: Knowledge is power. By understanding the potential consequences and taking action, you can protect your future and reputation. Contact our office today for a consultation.

New Jersey Credit Card Theft Laws (N.J.S.A. 2C:21-6): Your Frequently Asked Questions Answered

Living in New Jersey and unsure about the legalities surrounding credit cards? Fumbled over a friend’s card or found a lost one on the ground? Fear not! This FAQ explores the intricacies of New Jersey’s Credit Card Theft Law (N.J.S.A. 2C:21-6) and provides answers to your burning questions:

What Actions Constitute Credit Card Theft in New Jersey?

N.J.S.A. 2C:21-6 outlines various ways someone can violate credit card laws. Here are some key points:

• Stealing a credit card (think swiping it from a wallet or using deceptive tactics).
• Knowing a card is stolen and possessing itwith the intent to use or sell it. Even having two or more cards in other people’s names raises a red flag.
• Finding a lost card and keeping it with the intent to use or sell it.
• Buying or selling stolen credit cards(includes any transaction besides returning it to the owner or bank).
• Signing someone else’s credit card without permission to defraud a store or the cardholder.

What Happens if I’m Caught with a Stolen Credit Card?

Credit card theft and misuse are considered fourth-degree crimes in New Jersey. A conviction can result in:

• Up to 18 months in jail.
• Fines up to $10,000.
• Repaying the victim for any fraudulent charges.

The severity of penalties can increase depending on the amount of money involved or the number of cards found in your possession.

What Should I Do if I Find a Lost Credit Card?

Be a good Samaritan! The right thing to do is return the lost credit card to the owner if possible. Check the card for contact information. If that fails, return it to a branch of the issuing bank. Never use the card or keep it for yourself.

What if I Believe My Credit Card Has Been Stolen?

Take immediate action!

• Contact your bank and report the incident.
• Request a new card to prevent further unauthorized charges.
• File a police report to document the crime and potentially help with the investigation.

I Face Credit Card Theft Charges. What Now?

Don’t panic! You have rights. Consult with a skilled New Jersey criminal defense attorney as soon as possible. They can:

• Explain the charges against you.
• Explore potential defenses.
• Negotiate with prosecutors.
• Represent you in court (if necessary).

What if the Charges Seem Exaggerated?

• Mistaken Identity: Misidentification or errors during security footage review can lead to wrongful accusations. An attorney can help investigate and fight mistaken identity charges.
• Insufficient Evidence: The prosecution must prove your guilt beyond a reasonable doubt. If the evidence against you seems weak or circumstantial, your attorney can argue for dismissal of the charges.

Are There Defenses Beyond Previous Mentions?

• Entrapment: Law enforcement cannot create a situation to pressure or trick someone into committing a crime they wouldn’t have otherwise. If law enforcement played a role in “setting you up,” this defense could be applicable.
• Authorization Errors: Did a store or bank accidentally authorize your transaction due to a system error or processing mistake? Proof of such an error can help your defense.

What if I Wasn’t Aware the Card Was Stolen?

• Stolen Property Defense: If you unknowingly used a stolen credit card and can prove you didn’t know it was stolen and acted in good faith, this defense might be explored. However, the burden of proof is high for this defense.

Borrowing a Friend’s Card: Is it Illegal?

• It depends. Generally, borrowing a friend or family member’s card with their permission isn’t illegal. However, it’s crucial to get their explicit consent before using it and ensure you only use it for what they agreed to.

What if I Lend My Card to Someone and They Use it Without Permission?

• You can report the unauthorized use to your bank and file a police report. However, recouping the charges might be difficult depending on the circumstances.

Can I Get in Trouble for Letting My Child Use My Card Without Permission?

• While unlikely, it’s not impossible. If your child uses your card for a large unauthorized purchase, you might face questions from the bank or law enforcement. It’s best to teach your children responsible credit card use from a young age.

What are the Penalties for More Serious Credit Card Crimes?

• While most credit card theft falls under a fourth-degree crime, the penalties can increase for more serious offenses. For example, stealing a large sum of money or being part of a credit card fraud ring could be classified as a third-degree or even a second-degree crime, leading to significantly harsher penalties.

How Can I Avoid Credit Card Theft Accusations?

• Be cautious with lost cards: Always return them or turn them in to a bank.
• Don’t borrow someone’s card without explicit permission.
• Safeguard your own credit cards and monitor your statements regularly for suspicious activity.
• Shred any pre-approved credit card offers or receipts you don’t need to avoid identity theft and card misuse.

Understanding the Specifics of N.J.S.A. 2C:21-6:

• Presumed Guilt for Possession: Having two or more credit cards in other people’s names creates a presumption of guilt in New Jersey. This doesn’t necessarily mean you’re convicted, but it means the burden shifts to you to explain why you have them.
• Lost vs. Stolen Cards: Finding a lost card and keeping it with the intent to use it is considered theft. However, if you find a lost card and make a genuine effort to return it (e.g., contacting the owner or bank), you’re not breaking the law.
• Unauthorized Use of Lost Cards: Even if you find a lost card and believe it’s abandoned, using it without permission can still be considered a crime.
• Signing for Others: Signing someone else’s credit card receipt without their permission is illegal, especially if done to defraud the store or cardholder.

Additional Resources:

• New Jersey Courts: https://law.justia.com/codes/new-jersey/2022/title-2c/section-2c-21-6/
• New Jersey Bar Association: https://njsba.com/

Remember: This FAQ is for general information purposes only. Consulting with a New Jersey criminal defense attorney, such as Brett M. Rosen,  is vital if you face credit card theft charges or have further questions about specific situations. Contact our office today to discuss your NJSA 2C:21-6.

Facing N.J.S.A. 2C:21-6 Credit Card Theft Charges in New Jersey? Here’s How Attorney Brett M. Rosen Can Help

A credit card theft accusation under N.J.S.A. 2C:21-6 can be a life-altering experience. The potential consequences, including fines, jail time, and a criminal record, can be significant. But don’t navigate this alone. New Jersey criminal defense attorney Brett M. Rosen can be your strong advocate throughout the legal process.

Why Choose Attorney Brett M. Rosen?

• Extensive Experience: Attorney Rosen has a proven track record of defending clients facing credit card theft charges in New Jersey. His experience and knowledge of N.J.S.A. 2C:21-6 are invaluable assets in your defense.

• Aggressive Representation: Attorney Rosen fights aggressively for his clients’ rights. He will meticulously analyze the details of your case, identify weaknesses in the prosecution’s evidence, and explore all potential defenses. These might include mistaken identity, lack of knowledge, insufficient evidence, or even entrapment.

• Negotiation Skills: Attorney Rosen is a skilled negotiator. He can work with the prosecutor’s office to potentially seek a more favorable outcome, such as dismissal of charges or a reduction to a lesser offense. He will also explore the possibility of PTI (Pre-Trial Intervention) to avoid a criminal conviction altogether.

• Client-Centered Approach: Attorney Rosen understands the stress and anxiety you’re facing. He provides personalized attention, clear communication, and keeps you informed throughout every step of the case.

Don’t Settle for Just Any Defense:

Facing a credit card theft charge requires a skilled and experienced attorney by your side. Attorney Brett M. Rosen has the knowledge, resources, and dedication to fight for your rights and explore all possible legal options.

Here’s what Attorney Rosen can do for you:

• Conduct a thorough investigation of your case.
• Challenge the prosecution’s evidence.
• Build a strong defense strategy based on the specific facts of your case.
• Negotiate with prosecutors on your behalf.
• Represent you effectively in court if necessary.

Don’t Wait – Contact Attorney Brett M. Rosen Today!

A prompt legal defense is crucial. Contact Attorney Brett M. Rosen today for a free consultation. He can assess your situation, explain your legal options, and guide you through the next steps. With Attorney Rosen on your side, you can face this situation with confidence and explore your path towards a positive outcome.