Unlawful Possession of a Stolen Credit Card or Debit Card


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against
Unlawful Possession of a Stolen Credit Card or Debit Card
allegations.

Credit card crimes are on the rise and the legislature continues to enact tough legislation with stiff penalties.  If you have a Stolen Credit Card case, give us a call today to discuss your options and what we can do for you.

What is Unlawful Possession of a Stolen Credit Card or Debit Card?

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. 

What are the potential consequences of a Unlawful Possession of a Stolen Credit Card or Debit Card conviction?

Unlawful Possession of a Stolen Credit Card or Debit Card is a third degree felony, punishable by up to 5 years in prison

What are the possible defenses to an Unlawful Possession of a Stolen Credit Card or Debit Card allegation?

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. 

If you or a loved one has been arrested for or accused of
Unlawful Possession of a Stolen Credit Card or Debit Card,

Call Shorstein, Lasnetski & Gihon Now!

904-642-3332 (Jacksonville)
or
407-228-2019
(Orlando). 

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