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WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR CREDIT CARD FRAUD?

Credit card fraud is a significant problem in the UK, with thousands of offences being reported annually. Accordingly, authorities take it very seriously. If you or someone you care about has been charged with credit card fraud, know that engaging a skilled criminal defence solicitor at the earliest opportunity can make a substantial difference in navigating the legal system effectively. This article aims to guide you through some of the most pressing concerns you might have if you’ve been arrested or charged with credit card fraud. We’ll discuss whether you need a solicitor, explore potential defences, and address questions about securing bail.

 Do I need a solicitor for credit card fraud?

While it’s possible to represent yourself in court, seeking the assistance of a criminal defence solicitor is highly advisable for several reasons.

Firstly, a solicitor has the expertise and knowledge of the complexities surrounding credit card fraud. This can involve various types of fraudulent activities, such as using a stolen card, card cloning, or providing false information to obtain credit. A solicitor will be well-versed with the relevant statutes, such as the Fraud Act 2006, and the potential legal precedents that could influence your case.

Secondly, the legal process can be complicated and nuanced. From gathering and presenting evidence to cross-examining witnesses and understanding procedural requirements, a solicitor will guide you through each step. They can construct a strong defence strategy that you might struggle to formulate alone.

Thirdly, the consequences of a conviction for credit card fraud can be severe. Penalties may include hefty fines, imprisonment, and a permanent criminal record, which can adversely affect future employment opportunities and personal relationships. A solicitor will fight to minimise these repercussions, potentially getting charges reduced or even dropped.

Finally, having a solicitor can provide emotional reassurance. Knowing that an experienced professional is advocating on your behalf can relieve some of the stress, allowing you to focus on your personal well-being and preparing for any potential trial.

What are possible defences for credit card fraud?

One possible defence to credit card fraud is lack of intent. Credit card fraud involves an element of dishonesty and intent to permanently deprive the victim of funds. If you can demonstrate that you did not intentionally commit fraud or that any actions taken were not intended to deceive, this defence might apply.

Another defence could be mistaken identity. If you can provide evidence or suggest that the crime was committed by another individual, this may form the basis of your defence.

Consent might be applicable in cases where you believed you had permission to use the credit card. This can occur if, for instance, the cardholder gave you explicit or implied permission to use their card for specific transactions.

You could also argue lack of knowledge. If you genuinely did not know that using the card was unauthorised, and you had no reason to suspect foul play, you might have a valid defence.

A solicitor can help you identify the best approach and gather the necessary evidence to support your case.

Will I get bail for credit card fraud?

Bail is not automatically granted. Rather, the court assesses the specifics of your case to determine whether granting bail is appropriate. The court aims to ensure that you will not commit further offences, interfere with witnesses, or fail to appear at future hearings if granted bail. Several factors are taken into account:

  • Nature of the offence: Credit card fraud is considered a serious crime, and the severity of the charges can influence the court’s decision. For example, the scale of the fraud, the method employed, and any connections to organised crime can have an impact.
  • Criminal history: If you have a history of similar offences or non-compliance with legal proceedings, the court may view you as a higher risk, potentially influencing the decision against granting bail.
  • Community ties: Strong ties to the community, such as stable employment, family connections, or a permanent residence, can positively impact your bail application as they suggest a lower risk of absconding.

Will I have to go to court if I’m arrested or charged for credit card fraud?

Depending on the nature and scale of the offence, cases of credit card fraud can be handled either through Magistrates’ Courts or the Crown Court.

  • Magistrates’ Court: Minor offences, often referred to as “summary offences”, may be dealt with in a Magistrates’ Court. These can include cases where the fraudulent activity was of a lower financial value or there were mitigating circumstances. If your case is handled in a Magistrates’ Court, it is generally less formal, and the potential penalties are less severe compared to the Crown Court.
  • Crown Court: If the credit card fraud is considered more serious, such as involving significant amounts of money or part of a larger scheme, it will likely be escalated to the Crown Court. The Crown Court deals with “indictable offences”, which can carry heavier penalties, and the proceedings tend to be more formal.

In either scenario, the decision of whether you must attend court will depend on whether a trial is necessary. A solicitor can advise you on the likelihood of a court appearance and help you prepare if one is required.

Will I go to jail if found guilty of credit card fraud?

Credit card fraud is very serious, but not every conviction results in a custodial sentence.

Some of the factors that a court may consider include:

  • Scale of the fraud: The amount of money involved can heavily influence the severity of the sentence. Larger sums of money are likely to lead to more severe penalties.
  • Role in the offence: The court will consider whether you were the mastermind of the fraudulent scheme or merely a minor participant. Those with significant roles typically receive harsher sentences.
  • Impact on victims: The level of harm caused to victims, including financial loss and emotional distress, will be taken into account.
  • Previous convictions: A history of similar offences can increase the likelihood of a prison sentence.
  • Mitigating factors: Any mitigating factors, such as genuine remorse, cooperation with authorities, or personal circumstances, may reduce the severity of the sentence.

Will I go to jail if it’s my first offence of credit card fraud?

For first-time offenders, the likelihood of going to jail depends on the specifics of your case. Courts often take into account that it is your first offence, which can work in your favour, but factors such as the severity of the fraud and your intent will still play a significant role.

  • Nature and severity of the offence: If the fraud involved a small amount of money and minimal harm, the court may impose a non-custodial sentence, such as a fine or community service. However, significant financial or emotional harm to the victim could still lead to a custodial sentence.
  • Intent and planning: Opportunistic or impulsive acts are treated more leniently than deliberate, premeditated schemes. A one-off mistake or acting under pressure may result in a lighter penalty, while calculated deception could lead to harsher consequences.
  • Mitigating factors: Demonstrating remorse, cooperating with authorities, and showing the offence was out of character can reduce the severity of your sentence. Evidence of good character or steps taken to address the reasons behind the offence can also help.

Can I get Legal Aid for credit card fraud?

Legal Aid can help cover the cost of legal representation, making it more accessible for individuals who may not be able to afford a solicitor privately. Legal Aid in criminal cases is generally available if your case is serious enough to warrant representation and if you satisfy both the means test and the merits test.

  • Means test: This assesses your financial situation to determine if you qualify for assistance. The key factors include your gross income or combined household income, any benefits you receive, such as Universal Credit, and your savings, investments, and properties.
  • Merits test: This test examines the seriousness and complexity of your case to determine whether Legal Aid is justified. With fraud cases, it usually is.

Where to get more help

If you are facing allegations of credit card fraud, don’t face the situation alone. Seeking expert legal advice as early as possible can make a significant difference in the outcome of your case. For professional, compassionate, and effective legal representation, contact Stuart Miller Solicitors today. Our team of experienced criminal defence solicitors is ready to provide the support and expertise you need during this challenging time.

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