Credit Card or Debit Card Abuse
Credit card or debit card abuse charges are felonies under Texas law. Police, prosecutors, and courts take these allegations very seriously. Even small charges that qualify as credit or debit card abuse can result in serious consequences. For example, serious jail time and steep fines are common. Moreover, these cases can tarnish your reputation, harm your family, and damage your employment opportunities.
As they are felonies, they can lead to suspension of your right to vote and loss of your right to own or possess a firearm. It’s vitally important to consult an experienced Dallas credit card or debit card abuse attorney to build the best defense possible.
Dallas Credit Card or Debit Card Abuse Attorney
If you or someone you love has been accused of credit card or debit card abuse in Dallas, contact the Law Office of Mike Howard. Most importantly, Dallas credit card or debit card abuse attorney Mike Howard has the experience, trial skills, and dedication that you need when you are fighting for your life. We will do everything we can to fight for you. Moreover, Mr. Howard will give you an honest assessment of your case and explain the law and your legal options.
A Different Kind of Attorney
We approach our clients differently than a lot of attorneys. Above all, our philosophy is that being a great attorney is more than getting you a great result. First, our office is centered around you. This means we start by truly listening to you to understand your case and your goals. Further, our team works to provide you a client experience that is as easy and stress-free as possible. Answering your questions and keeping you informed is very important to us. Most importantly, we treat you as a person, not a number. Finally, our goal is to achieve the best possible result for you. If you’re looking for a different kind of attorney you’ve come to the right place.
Our Criminal Case Process
Listen & Understand
We focus on clients as real people. First, we list to understand who you are and what you need. Then we make sure we fully understand the facts of the case.
Open Communication
We explain the law, your rights, and the legal process. Because communication is very important to us, we strive to quickly answer questions and return communication.
Fight for Justice
Simply put: we fight hard for you. In the courtroom, in negotiations, and before a case even is officially opened, we fight for justice for you.
Types of Credit/Debit Card Abuse Charges in Dallas
A person commits credit card abuse or debit card abuse (Texas Penal Code § 32.31) if:
- with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that:
- the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder. OR
- the card has expired or has been revoked or cancelled. OR
- with intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card. OR
- he receives a benefit that he knows has been obtained in violation of this section. OR
- he steals a credit card or debit card or, with knowledge that it has been stolen, receives a credit card or debit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder. OR
- he buys a credit card or debit card from a person who he knows is not the issuer. OR
- not being the issuer, he sells a credit card or debit card. OR
- he uses or induces the cardholder to use the cardholder’s credit card or debit card to obtain property or service for the actor’s benefit for which the cardholder is financially unable to pay. OR
- not being the cardholder, and without the effective consent of the cardholder, he possesses a credit card or debit card with intent to use it. OR
- he possesses two or more incomplete credit cards or debit cards that have not been issued to him with intent to complete them without the effective consent of the issuer. For purposes of this subdivision, a card is incomplete if part of the matter that an issuer requires to appear on the card before it can be used, other than the signature of the cardholder, has not yet been stamped, embossed, imprinted, or written on it. OR
- being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or the cardholder, furnishes goods or services on presentation of a credit card or debit card obtained or retained in violation of this section or a credit card or debit card that is forged, expired, or revoked. OR
- being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or a cardholder, fails to furnish goods or services that he represents in writing to the issuer that he has furnished.
Resources and Information
Our Dallas property crime defense attorneys are here to help you understand your debit/credit car abuse charges. See our criminal defense resource center for more information on fundamental rights in a criminal case, definitions of culpable mental states (intentionally, knowingly, etc), defenses to prosecution, and more.
Penalties for Credit or Debit Card Abuse
Credit card abuse cases and debit card abuse cases are state jail felonies. As a result, you could face 6 months – 2 years in the state jail facility and up to a $10,000 fine.
Defending Credit/Debit Card Abuse in Dallas
First and foremost, the prosecutor must prove their allegation beyond a reasonable doubt. If the prosecutor cannot rule out each and every possible reasonable doubt, the presumption of innocence prevails. As a result, the court must find you not guilty. This means you don’t have to prove that you didn’t do it. You don’t have to prove anything!
The only way the prosecution wins is if the jury believes their story is the only reasonable way it could’ve happened. If they have any reasonable doubts that it actually happened, they must find you not guilty. If they reasonably think it could’ve happened another way, they must find you not guilty. This is the highest burden of proof in our justice system. When implemented by a skilled Dallas credit card or debit card abuse attorney, it can be a powerful weapon.
Choosing the Right Credit or Debit Card Abuse Attorney in Dallas
Searching for credit card or debit card abuse attorneys in Dallas can be overwhelming. After all, you are choosing someone who will hold your life, your future, and your family’s future in their hands. You have to be comfortable with them and feel that you can trust the information and advice they give you. Texas criminal defense lawyers are supposed to always work in their clients’ best interest. That shouldn’t just be meaningless talk.
First, talk to several lawyers to get a feel for them and their staff. Do they take the time necessary to get to know you, to listen to what’s important to you, and answer your questions? Second, do they show you that you matter to them as a person and not just as a fee? Third, beware of lawyers who put the hard sell on you, who make big promises. No attorney should ever make a guarantee about a case. Finally, absolutely avoid a lawyer who doesn’t communicate the scope of the work and their fee clearly in a written contract.
What Makes Mike Howard Different
Many lawyers take advantage of their clients’ ignorance of the criminal justice process. We take the opposite approach. A knowledgeable client is a happy client. Therefore, we provide a wealth of information in the way of articles about criminal offenses, blog posts, and videos for free on our website.
Visit Our YouTube Channel for informational videos and client testimonials.
Visit Our blog for posts on cases, defenses, and criminal law information.
Dallas Credit & Debit Card Abuse Attorney Mike Howard
Above all, I strive to help my clients through difficult times with compassion and integrity. In Dallas innocent people can get accused, charged, and convicted when they don’t have a Dallas credit card or debit card abuse attorney fighting for them. I believe in standing up for people facing criminal accusations and helping them navigate all that comes with being thrown into the criminal justice system.
Client-Centered
The cornerstone of my law practice is focusing on my clients as individuals. I start by taking the time to understand not just the facts of their case, but who they are and what they need. Because I know the criminal justice system can be intimidating, I explain the process, their rights, and their options. Client communication is extremely important to me, so I make sure my team and I do everything possible to quickly answer questions and return messages.
Willing to Fight
Most importantly, I am willing to fight a case in court. I have a track record of delivering fantastic results at trial. While not every client and case needs to go to trial, it can make a difference. In addition to taking your case to trial, I will explore all options for clearing your record, including expunction. Depending on the specifics of your credit card or debit card abuse case, you may be eligible for expungement if the charges were dismissed or if you were acquitted. When your Dallas credit card or debit card abuse attorney has a reputation as a skillful trial lawyer who fights for their clients, however, it makes all the difference in the world.
