Credit & Debit Card Fraud Attorney Lake County, Illinois
FRAUDULENT USE OR POSSESSION OF CREDIT OR DEBIT CARD is a serious offense in Lake County, Illinois criminal court. If you are charged with such an offense, the HoffmanLaw Office, led by a former Criminal Division Lake County Assistant State’s Attorney, has the knowledge and experience necessary to powerfully defend your case. An unlawful use or possession of credit or debit card charge can give you a felony conviction and send you to jail or even prison. With more than 18 years of Lake County criminal court experience, the HoffmanLaw Office is here to protect you and defend your rights in pursuit of the best possible outcome of your Lake County credit or debit card fraud case.
Credit and debit card fraud cases can become complicated in their involvement of both facts and law. The HoffmanLaw Office defends all types of Lake County, Illinois credit and debit card fraud cases. We have the ability to analyze the unique issues of your case in crafting a meaningful and effective defense.
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HoffmanLawAn Intelligent Defense to Your Lake County Illinois Credit or Debit Card Fraud Case
An Intelligent Defense to Your Lake County Illinois Credit or Debit Card Fraud Case
Lake County Illinois Credit Card Fraud Lawyer
Lake County Illinois Credit Card Fraud Lawyer
If you are charged with a Lake County UNLAWFUL USE OF CREDIT OR DEBIT CARD offense, you are charged with a felony. You can be charged with unlawful use of a credit or debit card in many different ways. No matter how you are charged specifically, a basic element of every offense of unlawful use of a credit or debit card is that allegedly you possessed the intent to defraud the card issuer, a seller, or someone else.
The Illinois law governing your unlawful use of a credit or debit card case breaks down the offense into two major categories. One category punishes the unlawful USE of a credit or debit card. The other category punishes the unlawful POSSESSION of a credit or debit card.
Your Unlawful USE of Credit Card Case
Your Unlawful USE of Credit Card Case
You can be charged with unlawful use of a credit or debit card if it is alleged that you, with the intent to defraud, obtained, or attempted to obtain, something of value by representing without the consent of the credit or debit card holder that you were the holder of the card. See, 720 ILCS 5/17-36(ii). Alternatively, you can also be charged with unlawful use of a credit or debit card if it is alleged that you, with the intent to obtain an item or items of value, used a credit card or debit card without the cardholder's consent, or a credit card or debit card which you knew was counterfeited, or forged, or expired, or revoked. See, 720 ILCS 5/17-36(i).
Your unlawful use of a credit or debit card charge is a class 4 felony if the value of all items of value allegedly obtained or sought does not exceed $300 in any 6-month period; and is a class 3 felony if the value allegedly exceeds $300 in any 6-month period. (A class 4 felony is punishable by up to a $25,000 fine and up to 1 to 3 years in prison. A class 3 felony is punishable by up to a $25,000 fine and up to 2-5 years in prison).
Most frequently, you will be charged with unlawful use of a credit or debit card if allegedly you were caught trying to use someone else's card to make a purchase, or if allegedly you completed a purchase. In this case, you could be charged with intending to defraud any of an array of alleged victims: the card issuer, the seller, or someone else. If you were arrested while in possession of the card at issue, the police would have seized the card and possibly held it as evidence in your case.
We Have Serious Experience with Credit Card Fraud Cases
We Have Serious Experience with Credit Card Fraud Cases
The HoffmanLaw Office has significant experience with Lake County criminal cases alleging the fraudulent use of credit or debit cards. If you have been criminally charged in such a case, we believe you should have a skilled and knowledgeable attorney on your side.
Lake County credit and debit card fraud cases always are serious, especially because they are always felony level offenses. Your credit or debit card fraud charge will be alleged as a felony offense even if you have no formal criminal history. A felony charge can lead to a felony conviction, time in jail, or even prison.
The HoffmanLaw Office understands the unique issues in your unlawful use of credit or debit card case. We have former Lake County felony criminal court prosecutorial experience with this type of case. We know what it takes for a prosecutor to try to prove such a case against you. As a result of our former prosecutorial experience, we know also what it takes to mount a powerful defense to this type of charge. With many years of proven Lake County felony court experience, the HoffmanLaw Office has the ability to make a significant difference in the outcome of your case.
With many years of proven Lake County felony court experience, the HoffmanLaw Office has the ability to make a significant difference in the outcome of your case.
~Attorney Matt Hoffman, the HoffmanLaw Office
HoffmanLaw(847) 587-5000
What is Credit Card Fraud?
What is Credit Card Fraud?
With the Intent to Defraud, Obtaining or Attempting to Obtain an Item of Value
By Representing without the Consent of the Cardholder
That one is the Holder of the Card
Why Choose HoffmanLaw to Defend Your Lake County Illinois Criminal Credit or Debit Card Fraud Case?
Why Choose HoffmanLaw to Defend Your Lake County Illinois Criminal Credit or Debit Card Fraud Case?
Analysis.
The HoffmanLaw Office always is focused on the presumption of innocence. Building on this presumption, the HoffmanLaw Office performs a systematic and searching ANALYSIS of the facts alleged in your case. This intensive analysis exposes weakness in the prosecution's evidence and develops powerful defense arguments and strategies.
Preparation.
The HoffmanLaw Office strives to know completely the facts and law of your case. In criminal court, good results do not often emerge by chance. They come through intense PREPARATION that lays the groundwork for success. When you select the HoffmanLaw Office as your legal advocate, you team yourself with a philosophy of extreme preparation.
Results.
The HoffmanLaw Office views every time it appears in court with you as an opportunity to achieve RESULTS. Whether it is negotiating during a pretrial conference, cross-examining a witness, or delivering a closing argument at trial, the HoffmanLaw Office strives to be your best advocate at all times.
Facing Lake County Illinois Criminal Credit or Debit Card Fraud Charges?
HoffmanLaw offers almost two decades of Lake County Illinois criminal trial experience.HoffmanLawDefending Possession-Based Credit Card Fraud in Lake County Court
Defending Possession-Based Credit Card Fraud in Lake County Court
If you received a credit or debit card from the person, possession, custody or control of another without the cardholder's consent, you can be charged with UNLAWFUL POSSESSION OF A CREDIT OR DEBIT CARD. See, 720 ILCS 5/17-32(b). You can also be charged if allegedly you, with knowledge that it has been so acquired, received the credit or debit card with the intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder.
Your unlawful possession of a credit or debit card charge is a class 4 felony. It is a class 3 felony if allegedly you committed the offense with respect to three or more credit or debit cards in any twelve-month period.
We will thoroughly examine the facts of your case from our perspective and seek to bring forth reasonable doubt.
~Attorney Matt Hoffman, the HoffmanLaw Office
If you are charged with unlawful possession of a credit or debit card, there is no requirement that the prosecution proves that you actually used the card in a sales or other transaction. The unlawful possession of a credit or debit card law punishes the act of merely possessing a credit or debit card under certain circumstances.
HoffmanLaw: Dedicated to Raising Reasonable Doubt
HoffmanLaw: Dedicated to Raising Reasonable Doubt
If you choose the HoffmanLaw Office as your legal advocate in Lake County criminal court, we will carefully analyze all of the issues in your credit or debit card fraud case. We do not make assumptions about the strength of the prosecution’s evidence. We will thoroughly examine the facts of your case from our perspective and seek to bring forth reasonable doubt. We know that in these types of cases, there are many elements the prosecution must prove at trial. We know that if any one of these elements is missing, or is destroyed by your defense attorney’s work on your case, then you should be found not-guilty of the charge.
Defending all other Lake County Charges Under the Credit and Debit Card Fraud Act
Defending all other Lake County Charges Under the Credit and Debit Card Fraud Act
In addition to the crimes of unlawful use and possession of a credit or debit card, the Illinois Credit and Debit Card Fraud Act punishes a whole range of other related conduct. The HoffmanLaw Office also defends clients charged in any of these other types of credit and debit card cases:
This is a class 4 felony. The false statement may regard a person's identity, address, or employment, and is made in order to procure the issuance of a credit or debit card. See, 720 ILCS 5/17-31.
This is a class 4 felony. It can be a class 3 felony if it involves 3 or more cards. The person possessing the card must know that it is lost or mislaid and must have the intent to use, sell, or unlawfully transfer it. See, 720 ILCS 5/17-33.
This is a class 4 felony. It can be a class 3 felony if it involves 3 or more cards. This offense addresses selling, or purchasing a credit card from a person other than the issuer, without the consent of the card issuer. See, 720 ILCS 5/17-34.
This is a class 4 felony. This offense involves fraudulently obtaining control over a credit or debit card as security for a debt or transferring, conveying, or giving control over a credit or debit card as security for a debt. See, 720 ILCS 5/17-35.
This is a class A misdemeanor. It is a class 4 felony if the value of the items of value exceeds $150 in any 6-month period. This offense involves a cardholder using a credit or debit card, or letting someone else use his or her credit or debit card, with intent to defraud the issuer or a person providing an item or items of value. See, 720 ILCS 5/17-37.
This is a class A misdemeanor. It is a class 4 felony if the value of the items of value obtained exceeds $150 in any six-month period. This offense involves receiving an item or items of value obtained in violation of the Illinois Credit and Debit Card Fraud Act, knowing that it was so obtained or under such circumstances as would reasonably induce the recipient to believe that it was so obtained. See, 720 ILCS 5/17-39.
This is a class A misdemeanor. This offense involves someone other than the cardholder or a person authorized by him or her to do so, signing a credit or debit card with the intent to defraud either the issuer, or someone providing an item or items of value or anyone else. See, 720 ILCS 5/17-40.
This is either a class 4 or class 3 felony, depending on the circumstances of the case. This offense punishes acts associated with altering or possessing an altered credit or debit card, as well as acts associated with counterfeiting or possessing a counterfeit credit or debit card. See, 720 ILCS 5/17-41.
This is a class 3 felony. This offense involves the possession of an incomplete credit or debit card, with the intent to complete it without the consent of the issuer, or the possession of any contrivance designed to reproduce instruments purporting to be credit or debit cards without the consent to the preparation of such cards from the issuer. This law is aimed at punishing people who make fake credit or debit cards. See, 720 ILCS 5/17-42.
This is a class 4 felony. This offense involves the fraudulent deposit into a credit or debit card account with the intent to defraud the issuer of the card, a seller, or anyone else, or the fraudulent receipt of value as the result of such a fraudulent deposit. See, 720 ILCS 5/17-43.
This is a class 4 felony. This offense involves an intent to obtain value, or the actual transfer of funds from one account to any other account, by intercepting, tapping, or altering electronic information with the intent to defraud the issuer of a credit or debit card, a cardholder, or anyone else, or by originating electronic information with such intent. See, 720 ILCS 5/17-44.
This is a "business offense," punishable by up to a $10,000 fine. This offense applies generally to retail sellers, and prohibits such sellers from processing or permitting the processing of a credit card payment, unless the seller furnished or agreed to furnish an item or items of value in exchange for such payment. See, 720 ILCS 5/17-45.
HoffmanLawDefending Serious Credit and Debit Card Fraud Charges in Lake County Illinois Criminal Court
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Defending Juveniles Against Credit and Debit Card Fraud Charges at Juvenile Court in Vernon Hills
Defending Juveniles Against Credit and Debit Card Fraud Charges at Court in Vernon Hills
The HoffmanLaw Office also defends credit and debit card fraud charges at the Lake County, Illinois juvenile courthouse in Vernon Hills. 
Juvenile court prosecutions are governed by penalties, rules and procedures that often differ greatly from those that apply in adult court, including those discussed on this page.
Attorney Matt Hoffman of the HoffmanLaw Office has many years' experience with Lake County juvenile delinquency proceedings and "Petitions for Adjudication of Wardship." He is a former Lake County Assistant State's Attorney who used to prosecute juvenile cases in Lake County juvenile court. If your child is charged with unlawful use or possession of a credit or debit card, or with any other credit or debit card offense in Lake County juvenile court, the HoffmanLaw Office has the specific experience necessary to work toward an intelligent and effective resolution of the case.
Matt Hoffman is a former recipient of the Lake County, Illinois Juvenile Justice Award.
HoffmanLawLegal Issues Blog
The Use of Arrest Warrants in Credit & Debit Card Fraud Cases
Many defendants charged with unlawful use of a credit or debit card originally were arrested on the authority of an arrest warrant. An arrest warrant is issued by a judge, after a police officer appears in front of the judge and gives sworn testimony to convince the judge that there is probable cause the person committed the crime alleged. Once the warrant is issued, the subject of the warrant becomes “wanted” and exposed to arrest at any time.
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Frequently, police obtain arrest warrants in unlawful use of credit and debit card cases because often they do not catch the alleged perpetrator “red-handed.” The police may not apprehend an alleged perpetrator swiping an allegedly stolen credit card at a department store cash register. Often, it takes the police time to catch up to their alleged suspect.
In such a case, a cardholder, card issuer, or merchandiser may contact the police with a complaint that a card was used fraudulently. Then the police might start an investigation into where the card was used, what purchases were made, and who allegedly used the card illegally. This investigation could take weeks or even months to complete. It is when it is complete that the police go to a judge with evidence seeking approval of a warrant authorizing the suspect's immediate arrest.
. . . police obtain arrest warrants in unlawful use of credit and debit card cases because often they do not catch the alleged perpetrator 'red-handed.'
~Attorney Matt Hoffman, the HoffmanLaw Office
Led by a former Lake County Assistant State's Attorney, the HoffmanLaw Office knows how unlawful use or possession of credit or debit card cases are investigated by Lake County police. We know how these charges are prosecuted in the Lake County criminal courts. Credit and debit card prosecutions can be complicated and oftentimes are not simple for the prosecution to prove. If you are charged in such a case, you are presumed innocent and have the right to a trial. At trial, the burden of proof is on the prosecution and is beyond a reasonable doubt.
If you have been arrested on a warrant or at the alleged scene of a crime, and now are charged with a criminal offense in a Lake County credit or debit card case, the HoffmanLaw Office can help. We have many years' experience in Lake County criminal court and would be happy to discuss your case.
HoffmanLawHere to Defend You Every Step of the Way
Bond Court
In Lake County misdemeanor and felony cases, if you are arrested you might be brought before a judge for a bond hearing. At your bond hearing, the judge will consider the charges, the alleged facts, your criminal history, and other factors. Then the judge will set the conditions of your bond. You might be released on your signature or have to post money before you get out of jail. Your bond hearing can be the first time you appear in front of a judge in your case. The HoffmanLaw Office has nearly two decades of Lake County bond court experience in misdemeanor and felony cases. If you have been or are going to be arrested, the HoffmanLaw Office is ready to get to work quickly as your advocate at this early and important step in your case.
Preliminary Hearing
In a Lake County felony case, you have the right to a preliminary hearing or indictment. At your preliminary hearing, the prosecution will call witnesses to try to prove to a judge that there is probable cause that you committed a felony offense. If the judge finds probable cause, your case will be scheduled for arraignment. If the judge finds no probable cause, your charges will be dismissed. If no preliminary hearing is held, your case can be presented to the Grand Jury for indictment. The HoffmanLaw Office has almost two decades of experience with preliminary hearing and Grand Jury issues in Lake County felony cases. The HoffmanLaw Office knows how to assert your rights during this often technical part of your case.
Arraignment
In Lake County misdemeanor and felony cases, at your arraignment the judge formally will advise you of the charges you are facing and tell you their maximum possible penalties. The judge will order the prosecution and defense to comply with discovery rules. These rules will require the prosecution to turn over copies of police reports and other written evidence. At your arraignment, you will be asked to enter a plea. Almost all arraignments include a plea of “not-guilty.” The HoffmanLaw Office has represented clients in many hundreds of Lake County arraignments. This Office knows how to defend and assert your Constitutional rights at this significant step in the court proceedings.
Pretrial Conference
A pretrial conference is a court appearance after arraignment in a Lake County misdemeanor or felony case. At a pretrial conference, the prosecution and defense can work toward reaching an agreed resolution of your criminal charges. The HoffmanLaw Office views pretrial conferences, and every other court appearance in your case, as opportunities to advocate on your behalf. There can be multiple pretrial conferences as your case moves forward. During any pretrial conference, the HoffmanLaw Office is focused on the fact that you are presumed innocent. With this presumption always in mind, this Office has many years of experience in negotiating for positive outcomes in Lake County criminal court.
Motion Practice
The HoffmanLaw Office uses pretrial motions to try to favorably alter the outcome of your criminal case. A carefully written and successfully argued pretrial motion can have a profoundly positive effect on the outcome of your case. This is especially so when, for example, the court rules your confession was involuntary, or rules you were the victim of an unlawful search and seizure, or rules you were inappropriately identified in a police lineup, or even rules your charges are so problematic they must be dismissed. The HoffmanLaw Office works hard to analyze the facts and law of your case in exploring the use of effective pretrial motions.
Trial
At its core, the HoffmanLaw Office is a trial law firm. It is built on almost two decades of Lake County criminal court trial experience. If your charges do not resolve during the pretrial process, your case will go to trial. As your advocate, the HoffmanLaw Office will bring many years of Lake County criminal court trial experience to your defense. Attacking the prosecution's evidence, questioning the opinions of prosecution experts and police, and aggressively cross-examining prosecution witnesses are proven ways of raising reasonable doubt in the rigorous pursuit of a not-guilty verdict. The HoffmanLaw Office never waivers from its pursuit of your success.
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