Legal Question in Criminal Law in California

Hello,

I was charged with felony identity theft (pc 530.5) and was released after 12hrs in jail on my own recognizance. I have my first court appearance in 3 weeks and have yet to hire an attorney.

I altered a drivers license and ssn card to obtain a merchant account (account with the bank that allows you to accept credit cards for your business) in somebody elses name but have the money deposited into my own checking account. This did NOT hurt the victims credit other than an inquiry on his report (merchant accounts do NOT appear on credit reports)

After receiving about 3,000 in deposits the bank reversed 1,300 and a few days later I was arrested at my home. NO physical evidence was recovered, but the merchant application and the altered ID documents all point to me.

This is my first offense, never been arrested in my life and the loss was under 3k with no harm to the victims credit.

What possible punishments am I looking at? Can I stay out of jail? I have a 2 month old baby and Im the sole provider currently and want to stay in my child's life.


Asked on 10/12/09, 7:35 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You face prison time if convicted, so unless you know how to effectively represent yourself in this, hire an attorney that does, and can use whatever defenses you may have. If you can't afford private counsel, apply to the Public Defender. If serious about hiring counsel, feel free to contact me.

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Answered on 10/13/09, 2:47 pm


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