My friend is currently being charged with 715A.6(2)-B False use of a credit cards/ATM cards (Bond-Cash/Surety $5,000) along with that came a Parole Violation (No Bond). This is what happened, him & his girlfriend went to the gas station, both entered went there own ways & he grabbed his items & went to the counter paid the cashier with cash. His girlfriend was still looking around, so he preceded to the car. As he waited in the car, she had purchased $1.79 pop & come to find out paid with a stolen credit card. She proceeded to the car & they left. A warrant was issued on 6/19/2013 for the both of them. On 6/21/2013 the went to the home of my friend (which was being rented in his name only, he was released from prison a little while before & was doing very well, worked Monday-Friday full-time job, had his license, vehicle, etc.) On 6/21/2013 the cops went to the home where him & his girlfriend lived & arrested her & later they arrested him. On 7/15/2013 a Supplement was filed with the Trial info for Habitual Offender. On 7/25/2013 his attorney filed a Motion for Discovery & on 8/2/2013 filed for Depositions. On 8/22/2013 Pre-Trial Conference was held & on 8/29/2013 Status Conference was held setting Trial date for 10/2/2013.
From the information that I have knowledge of is that he had no idea about her paying with a stolen credit card, not even after she made the purchase. To me this is ludicrous, since in court she told the court that he had no knowledge of the crime. Something else I noticed is on his Parole Violation it's shows that it was opened & closed on 6/21/2013. The comments state..order to transport defendant upon depositions of local charges to Oakdale for placement pending a Parole Revocation Hearing. I have never seen this before, but I also haven't seen everything. So after giving you all of the info my question is what can we argue besides the obvious. Cause the obvious is that he shouldn't be being charged with this crime nor should he receive a violation on this parole. But that's not the case here. Both his & her stories plus the video from the gas station all go together. So what argument does he proceed with? Please advise. Thank you
1 Answer from Attorneys
The way I see it is his argument is that he didn't know she was using a stolen credit card. I mean, what else is there? Of course, to do that he'll have to testify, and then that opens the door to his less than stellar record as a good citizen.Either way it is a matter for the jury to decide whether to believe him or not.
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