credit card -stupid choices I made?

[wildanjelmom6]

What is the name of your state?What is the name of your state? California

I'm a single mom of 6 trying to get "back on track" and rebuild all we lost through 15 yrs verbal & Physical abuse from their father(an addict and dealer).We lost our home and everything we had before I was able to get out of my denial and leave him.My mom let us move in until we can save enough & afford our own home. I hadnt worked for 10 yrs which has made itharder to convince someone to hire me. My mom has helped me too much and I didnt want her to spend any more money on us, but she wouldnt stop.
while going though the mail for her one day I noticed a new pre-approved credit card. I made a stupid decision to accivate the card myself and use it for a week or two. This way I thouht Id be able to take my kids out to eat a few times, buy gas for our car, and pay for school pictures. I planned to spend under 1000 and stop. This way when my mom recieved her bill, shed call the company and they would not make her pay.
As it was, my mom ended up calling the police and having them investigate so the survelence cams were pulled . She asked my oldest daughter & I if we knew anything about this credit card . I denied it.
To make a long story a little shorter.....
Two decectives arrived at our home and basically told me that they knew I had used the card and that telling the truth would help me in the end.

I was 100 % honest and admited what I had done ,explained my stupid reasoning and appologized to my mother. I was handcuffed and taken to jail . There I was again questioned and again told them the truth.

I was bailed out the next day by a friend. My court date is Dec21. My charges are:Felony
PC
459
BURGLARY

01
Felony
PC
487(A)
GRND THFTROP/ETC O/$

01
Felony
PC
484G
THEFT BY USE OF CREDIT

My questions are:

1. If my mom doesnt want to press charges and pays the credit company bill, can or will the detectives still file and press charges?

2. If I'm not lucky enough to have it reduced, what type of sentence am i facing?
and will it be definate jail time or ????

3. Would letters from our family counselor outlining my family situation... the obstacles weve faced and how weve manged to work together to succeed as we have, etc. ( my girls , ages 16, 13, 11, & 6 and my sons ages 2 & 8 have kept their grades from 3.5 to 4.0 even when we had to sleep in our car for weeks when we first left their dad)? Or any other suggestions or advice???????

 

[CdwJava]

1. If my mom doesnt want to press charges and pays the credit company bill, can or will the detectives still file and press charges?

Yes - charges will still be filed. At this point your mom is not the victim - the credit card company or the vendors are the victims. They will still file on you.

2. If I'm not lucky enough to have it reduced, what type of sentence am i facing? and will it be definate jail time or ????

Defintely jail time? No. Is it likely? Yes. Almost certainly you will have to pay restitution, a fine, and have probation for 3 years or so.

3. Would letters from our family counselor outlining my family situation... the obstacles weve faced and how weve manged to work together to succeed as we have, etc. ( my girls , ages 16, 13, 11, & 6 and my sons ages 2 & 8 have kept their grades from 3.5 to 4.0 even when we had to sleep in our car for weeks when we first left their dad)?

All that would do would be to cement your motive to commit the crime. A sob story might help at sentencing, but it won't have any bearing on guilt or innocence. Everyone has a sob story, and the judge's have heard them all.

And just what did this teach your 6 children? That theft and fraud are appropriate actions to take if things are not going well? I would hope that this is not the message you intend to pass on to them.

- Carl

 

[GetUpKid]

Similiar situation...

"Angel",

First off, I want to stipulate that I am not an attorney, nor a member of the law enforcement community. This is not to be taken in any way as legal advice, I just wanted to let you know (unfortunately from experience) of some things you might face.

First, I would by any legal (non credit) means possible get as much money together as soon as you can. You had mentioned this was ONE credit card and you charged over $1,000 dollars on your mom's card. Obviously this constitutes fraud, and past 1998 this can become a federal thing and not just a state issue.

Secondly, if there is ANY way you can work out a deal with your mother to pay the charged balance on the card, I would suggest trying to do so. Why? When you go to court to face the charges, the amount owed will coorespond directly to your restitution, probation time, and willingness to make the victims whole again. You want as little probation time as you can receive; and your amount owed will be a mojor determinate. Additionally, your mom is also a victim in this case, and her willingness to not press charges (although the State of Ca. already has) will factor into the case in a certain degree. Get those letters of your situation together anyway. In your pre-sentence investigation, they could help in and accessment of your general character and propensity to commit future unlawful acts. The more people supporting you the better.

Next, if at all possible, find a full time job ANYWHERE. I don't mean to sound harsh, but this will help in your pre-sentence investigation regarding ability to pay restitution, and risk of skipping probation.

As I said, I'm not certain of the laws in your state, but this is a "common scheme" practice, probably your first criminal offense (hopefully), and you cooperated with law enforcement. These will weigh into your pre-sentence to a certain extent.

I would doubt you will see any jail time off of this. This happens every day. I doesn't make what you did right, it just happens. Most likely you will receive a deferred imposition of sentence after your guilty plea. You will have to make full restitution, serve probation, take a criminal thinking errors class, and possible community service. At the end of your sentence (probation) period, your case will most likely be dismissed and your record sealed by the court. This does NOT mean it will be expunged by the court.

Again, this is a MAYBE. Do not leave the state. Do not drink or use ANYTHING. (seriously, you DON'T need this, and you WILL be tested). Try to find employment and repair your relationship with your mom. Do NOT plead guilty on these charges until instructed by your court appointed attorney to do so. There is a normal process that all sides have to go through including "Discovery" by the credit card company, an "omnibus hearing" by all attornies and the judge, and your eventual enter of a plea. Be patient, you have that right.

"Angel", I am neither trying to lecture or paint a rosy picture of your situation. This is going to be difficult for a long time, but you will get past this. Best wishes to you and yours, and God Bless.