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drugs "stolen credit card" prison help

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Dboi

Junior Member
Hi I have a question from a person in new york
Im going to try to shorten a long story and skip to the "stolen credit card" the police found on a person during a drug arrest. Basicly a man let the person hold on to a credit card as some sort of a collateral. It was found on the person after the arrest for drugs found in car and on person. (7 misdemeanors for intial arrest) But one class D felony 4th degree possession of stolen property with a signed statment from owner stating that the card was stolen, no authorization is given to said person to use credit card. (but never attemped to use card)
Does the person have any grounds to fight this charge?
 


CdwJava

Senior Member
It's hard to believe that someone gave this person their credit card as collateral for anything. Maybe the card was TAKEN (as opposed to given) and alleged to be used as collateral, but I doubt it was freely given.

Heck, it's poor collateral. I could give you my credit card, call and cancel it, and then get a new one and you'd be without anything of value (the card).

Obviously there is more to the story, and it is in these unmentioned details that the case may be made. Unless the person with the card can PROVE the card was given to them willingly and without coercion, the holder is in deep kimshee!

Oh, and since this is in the "Drugs" folder, I can only assume the card was taken as collateral on a sale gone bad or for drugs/money owed. This is a common practice and no cop or court is likely to believe the card was given freely.

- Carl
 

2901bruce

Member
Hi I have a question from a person in new york
Im going to try to shorten a long story and skip to the "stolen credit card" the police found on a person during a drug arrest. Basicly a man let the person hold on to a credit card as some sort of a collateral. It was found on the person after the arrest for drugs found in car and on person. (7 misdemeanors for intial arrest) But one class D felony 4th degree possession of stolen property with a signed statment from owner stating that the card was stolen, no authorization is given to said person to use credit card. (but never attemped to use card)
Does the person have any grounds to fight this charge?
I like BS... as long as it's Good BS. Your story isn't even Good BS! The cops have heard this story, over & over, again. Did your friend know the cardholder whom reported it stolen? Probably not. And as far as not using the card, they probably "acquired" it recently & didn't have time to use or sell it.

Whelp, off to jail she/he goes.
 
Last edited:

CdwJava

Senior Member
It is no tuncommon for us to arrest a doper and find someone else's checks or credit/debit cards on them. They sometimes steal them, and other times they are using them to pay for owed drugs or favors. It's a good indicator of drug involvement in many cases.

- Carl
 

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