Florida law provides harsh punishments for anyone accused of creating or possessing counterfeit credit cards. The laws become even more serious when allegations of trafficking are involved. Unlike drug cases, there is a fairly low threshold for trafficking in counterfeit credit cards. Anyone who is in possession of 5 or more fake cards could face trafficking charges and the possibility of a lengthy jail sentence and a permanent felony conviction. If you or a loved one has been accused of possession or trafficking in counterfeit credit cards anywhere in South Florida contact an experienced criminal defense lawyer immediately for a free consultation. Benjamin Herbst has successfully defended numerous individuals charged with credit card offenses, and is standing by to offer a free consultation about your case. He is available 7 days a week to meet in Fort Lauderdale or West Palm Beach offices, and can also be reached by phone at (954) 543-0305. Benjamin specializes in defending counterfeit credit card charges in Miami-Dade, Broward, Palm Beach, Martin and St. Lucie Counties, and can meet at any location in these areas to discuss the case in person. Contact Benjamin today to protect yourself from being questioned by police, and to learn what defenses may be available in your case.
Any person who is in possession of 5 to 49 counterfeit credit cards faces second-degree felony trafficking charges. The state does not have to prove that the defendant actually attempted to deal or sell the cards, as simple possession is enough to support a trafficking conviction. Possession of 50 or more counterfeit credit cards will trigger first-degree felony charges that are punishable by up to 30 years in prison. Again, the state does not have to prove the defendant made attempts to sell the cards. Any documents related to the counterfeit cards such as fake IDs or papers with proof of address are counted toward the total, so in reality you could have 25 counterfeit cards and 25 documents and still be charged with first-degree felony trafficking. Benjamin Herbst is a South Florida counterfeit credit card lawyer who understands how high the stakes are, and fights for the best possible outcome. Many people charged with possession or trafficking in counterfeit credit cards never actually used the cards or put them in the stream of commerce, but are treated as dishonest criminals by the system. An experienced South Florida criminal defense lawyer can even the odds and potentially have the charges dropped or reduced.
There are numerous offenses related to counterfeit credit cards, which are also punishable by felony charges. Anyone who is in possession of credit card making equipment can be charged with a third-degree felony regardless of whether they actually made cards. The state only has to prove the intent to make counterfeit cards, which can be proven by minimal circumstantial evidence. It is also a third-degree felony to unlawfully possess a reencoder with the intent to defraud, a scanning device or a skimming device. Any person who is not a bona fide merchant with the lawful ability to process credit card transactions is not allowed to possess or use devices that are intended to read credit cards. Possession of skimming devices or reencoders becomes a second-degree felony if the defendant is a repeat offender.
The use of an expired or revoked credit card with the intent to defraud is also a crime under Florida law. This offense is punishable by a first-degree misdemeanor that carries the possibility of one year in jail. A person is presumed to have known a card was revoked 7 days after notice of revocation was mailed. Benjamin Herbst represents clients charged with all types of credit card crimes in South Florida and along the Treasure Coast. He provides all clients with his cell phone number for access on nights and weekends, and is never too busy to discuss the case. If you have a question or wish to retain an attorney for your criminal case call Benjamin at (954) 543-0305.