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Old 05-24-2009, 06:01 PM
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Join Date: May 2009
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Identity Theft and Grand Larceny Charges


What is the name of your state (only U.S. law)? NY

They have charged him with 3 counts of Grand Larceny(felony class E, penal code 155.30), and 3 misdemeanor count of Identity Theft(class A penal code 190.78) at Arraignment. Initially when the police arrested him they only charged him with 1 count of Grand Larceny(felony class E), and 1 misdemeanor count of Identity Theft(class A).

He obtained credit card information online from a source and used it to purchase items less than a $100. Over 50 packages under $100. He had these packages sent to his college. He is no criminal history. He was issued a search warrant at his dorm where they entered and siezed computers, usb drives, CDs.

The thing is that he did not use an attorney. The evidence was on paper for him to see. He confessed to using credit card information( not physical credit card) to purchase these items. He was very remorseful about his actions and that he came up from a poor family. The items he purchased were mostly food items and things you would use in college. He has no intent of selling the items.

The computers and usb drives that the police seized are being analyzed at a forsenics lab now.

Ok so to follow up, My friend went to his arraignment with his attorney.

The attorney says that he is confident that he can keep the defendant out of jail but it will be hard to fight the felonies.

Defendant has no prior criminal history. Do you think the attorney just has money on his mind being greedy or can he actually fight these charges so that the defendant has a low chance of going to prison?

Also the defendant has some evidence taken from him in form of a usb drive and media card. Can additional charges be applied after an arraignment if more evidence is found on the usb drive?

Does anyone how long do computer forensics lab hold the defendant's seized property for?

Will there be jail time? and for how long?

Anyone know if similar cases to this one and the outcome of it?
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