Spouses and others in a domestic relationship (that is, boyfriends and girlfriends who live together) commonly have joint accounts and may even use one another’s bank cards and credit cards under certain circumstances. However, when a relationship goes south and a spouse or domestic partner continues to do this, he or she may have gone beyond the scope of the permitted use.
The truth is that in these situations, it is often one person’s word against another, and it does not take much to arrest someone. If police arrested you for theft by using an ex’s credit card, you may have legal options open to you. The Calgary criminal defence lawyers at Bourdon Defence can review the circumstances of your arrest and may be able to represent you in court.
Using another person’s credit card may fall within the definition of theft. Credit card theft cases are very fact-specific and generally revolve around knowledge. The question, therefore, becomes whether or not you knew or should have known that you were permitted to continue using your ex’s credit card. The question of whether or not there was permissive use usually depends upon the nature of you and your ex’s prior conversations. For example, if your ex specifically told you after the breakup that you were not allowed to continue using the credit card, you could be arrested and charged accordingly. On the other hand, if you honestly believed that, given the circumstances, you were allowed to continue using the card, you may have a good defence.
Theft crimes in Calgary are serious offences, and a conviction can result in criminal fines and other penalties. In order to charge you with theft, a prosecutor must allege that you took someone else’s personal property with the intent to personally deprive that person of the property. In the credit card context, if you knowingly took your ex’s credit card without his or her permission, you could ultimately be charged with and convicted of theft. Under the Criminal Code of Canada, the potential penalties in theft cases generally depend upon the amount of the property stolen, as well as the type of property stolen. A person convicted of theft may be subject to fines, penalties, or a period of criminal probation.
Contact a Calgary Criminal Defence Lawyer
It does not take much to arrest someone for theft, and like anything else, there are two sides to every story. If you believe that police wrongfully arrested you and/or prosecutors wrongfully charged you with theft for using an ex’s credit card, you need an experienced Calgary criminal defence lawyer on your side at all times. The legal team at Bourdon Defence can review your charge with you, as well as the potential penalties, and come up with an effective strategy for defending your criminal case. To schedule a free consultation and case evaluation with a Calgary criminal defence lawyer, please call us today at (403) 474-4143, or contact us online.