How these cases are charged
Credit card fraud can be charged several ways in New York, depending largely on the amounts involved and how the card information was obtained, and federal prosecutors have their own statute for access device fraud. Cases involving many card numbers, skimming equipment, or organized groups are more likely to draw federal interest. A family dispute over a card someone believed they were allowed to use is a very different case from a scheme built on stolen data, and the facts about permission often matter most. Early credit card fraud defense work is largely about pinning down which kind of case this is.
Evidence that tends to matter
These cases are often built on transaction records, store or ATM video, IP addresses and device data, and delivery addresses for goods bought online. Store video is often overwritten quickly, so if footage could help you, your lawyer may need to request preservation early. Gather anything showing permission or legitimate use, such as messages from the cardholder, shared account arrangements, or receipts. Do not contact the cardholder or a complaining witness to resolve things yourself, and if an order of protection was issued, follow it exactly. Where accounts were opened or used online, the device and account data can point to someone else as readily as to you.
First steps after an arrest or contact
After an arrest in New York the first court date is the arraignment, and a felony charge generally requires a grand jury indictment before it can go to trial. Early on, we review the accusatory papers, the evidence the prosecution relies on, and whether the identification of you as the person who used the card holds up. Restitution, the possibility of a non-criminal disposition, and immigration consequences for non-citizens are discussed before any plea is considered. Speaking to detectives or store investigators without counsel, even to explain, rarely helps. If you have been contacted but not arrested, the timing and manner of any surrender is something counsel can often arrange.
