Credit Card Abuse: When and Why Hire a Defense Lawyer?
Credit Card Abuse: When and Why to Hire a Defense Lawyer?
Credit Card Abuse
Being accused of credit card abuse can be a daunting experience, but it’s important to remember that you’re not alone. You may be facing criminal charges, large fines, and the threat of jail time—all of which can put your job, relationships, and future at risk. The potential long-term consequences of these charges can be severe, making it advisable to seek legal help as soon as possible. The legal system can be complex and overwhelming, but understanding it can empower you and help you make informed decisions. These cases may move quickly depending on the circumstances, but with the right guidance, you may be able to gather evidence and work toward building a defense tailored to your situation.
In Louisiana, the term ‘credit card abuse’ is not a formal criminal charge, but rather a general description of conduct that may fall under several specific statutes. Instead, credit card-related conduct may be prosecuted under various laws depending on the circumstances, including Unauthorized Use of an Access Card as Theft (La. R.S. 14:67.3, which prohibits using an access card without authorization), Access Device Fraud (La. R.S. 14:70.4, criminalizing possession or use of access devices to commit fraud), Identity Theft (La. R.S. 14:67.16, involving unauthorized use of another’s identifying information), or Computer-Related Crimes (La. R.S. 14:73.1 et seq.) The prosecuting authority generally determines which Louisiana statute to apply based on the circumstances and available evidence in the case, subject to prosecutorial discretion.
At David E. Stanley, APLC, we have extensive experience defending individuals facing credit card-related charges (often prosecuted under La. R.S. 14:67.3, 14:70.4, 14:67.16, or 14:73.1 et seq.). With years of experience handling complex criminal defense cases in Baton Rouge, we know how to guide you through the process. Our goal is to listen, explain your options clearly, and work to protect your future. If you’re unsure of your next step, talking to a lawyer can make all the difference.
What Is Credit Card Abuse?
Credit card abuse refers to the unlawful use of credit card information in various forms. This can include using another person’s card without consent, impersonating someone else during a transaction, submitting false information to obtain a card, or using stolen account details. In Louisiana, these cases are typically prosecuted under statutes requiring proof of a culpable mental state—such as knowledge or intent to defraud—including Unauthorized Use of an Access Card as Theft (La. R.S. 14:67.3), Access Device Fraud (La. R.S. 14:70.4), Identity Theft (La. R.S. 14:67.16), and Computer Fraud (La. R.S. 14:73.5).
Most credit card‑related criminal offenses under Louisiana law require proof that the defendant acted knowingly or with an intent to defraud; strict criminal liability generally does not apply. Certain administrative or civil consequences (e.g., account closures, chargebacks, or contractual penalties) may arise regardless of criminal intent, depending on the circumstances. Whether intent exists typically influences the charges brought and the defenses that may apply.
The following actions may lead to credit card-related charges in Louisiana:
- Using another person’s credit card without permission
- Making purchases with a stolen or counterfeit card
- Selling or exchanging card numbers
- Applying for credit cards with false or stolen information
- Possessing, producing, transferring, or trafficking access devices (such as credit cards or account numbers) or re‑encoded cards with intent to defraud (La. R.S. 14:70.4).
Types of Credit Card Abuse
Unauthorized Use
Unauthorized use happens when someone uses another person’s credit card without permission (commonly prosecuted as Unauthorized Use of an Access Card as Theft under La. R.S. 14:67.3). It can involve stealing the physical card or copying the card number. Even if the person knows the cardholder, using their card without approval could potentially result in criminal charges under Louisiana law, depending on the specific intent and circumstances involved. Victims may notice strange charges on their accounts, and banks often flag these transactions as suspicious.
Application Fraud
Application fraud occurs when someone provides false information on a credit card application to get approved. Depending on the circumstances, this may be prosecuted under statutes such as Identity Theft (La. R.S. 14:67.16) or Access Device Fraud (La. R.S. 14:70.4). It can include using a fake name, stolen identity, or false income details. The goal is to trick the bank into issuing a card to someone who would not qualify otherwise. This type of fraud can be difficult to trace, particularly when the information used is obtained through identity theft.
Account Takeover Fraud
Alt Text: Three credit cards—silver, brown, and gold—rest on a laptop keyboard, showing generic embossed numbers and chips without any identifiable bank or owner information. The image reflects possible risks associated with online credit card use, such as identity theft or unauthorized transactions. This image is for illustrative purposes and does not depict actual cardholder information.
Account takeover refers to unauthorized access and control over someone’s credit card account, which in Louisiana may be prosecuted under theft, identity theft, Access Device Fraud (La. R.S. 14:70.4), or computer fraud statutes, depending on the facts and prosecutorial discretion. It often happens after stealing login information or tricking the cardholder into sharing details. Once in control, the criminal might change the address, phone number, or PIN to lock out the real owner and hide fraudulent activity.
Counterfeit Card Use
Counterfeit card use involves creating fake credit cards that look real. Criminals do this by stealing credit card information, usually with devices called skimmers, and placing the data onto a blank card. These fake cards may then be used in stores or ATMs. If law enforcement determines such use to be unlawful, this could potentially lead to criminal charges. Because counterfeit cards may appear legitimate and even carry a person’s name, they are often not identified immediately, typically until unauthorized charges are noticed or reported.
Online Fraud
Online credit card fraud may fall under several Louisiana statutes, such as Unauthorized Use of an Access Card as Theft (La. R.S. 14:67.3), Identity Theft (La. R.S. 14:67.16), Access Device Fraud (La. R.S. 14:70.4), or Computer-Related Crimes (La. R.S. 14:73.1 et seq., including Computer Fraud under La. R.S. 14:73.5). Charges depend on the specific actions involved. In many cases, online merchants discover fraud only after the cardholder reports unauthorized activity, making this form of credit card misuse increasingly common. Jurisdiction and venue in online cases depend on factors such as where the alleged conduct occurred or where the financial institutions are located. A Louisiana defense lawyer can help evaluate these factors to determine the appropriate venue.
When Should You Hire a Defense Lawyer?
Police or Investigators Contact You.
If law enforcement contacts you about a credit card-related investigation, it is important to proceed carefully. Even informal conversations can later be used as evidence. Consulting with a defense lawyer before speaking can help protect your rights. A defense lawyer can help you navigate the interaction, advising you on what to say—or when to remain silent—to help protect your legal rights.
You Receive a Court Summons.
A summons, bill of information, or indictment typically signals the beginning of formal criminal proceedings in Louisiana. A bill of information is filed by the district attorney in lieu of a grand jury indictment unless required by law. It may include hearings, depositions, or trials. It is highly advisable to consult with a defense lawyer who can help explain the summons, prepare your response, and represent you in court. In Louisiana, missing court deadlines or failing to submit required documents on time can hurt your defense. A lawyer protects your rights and helps build a defense from the beginning.
You’re Asked to Give a Statement or Evidence.
Responding to questions or providing evidence without legal guidance may carry unintended risks. Even information that seems minor could later be used in ways that affect your case. A defense lawyer can help you understand the purpose behind the request and support you in responding carefully. Legal support protects your rights and helps you avoid missteps during the process.
You’ve Been Arrested.
If you’ve been arrested for a credit card-related offense, speaking with a defense lawyer promptly can help you understand the charges and take steps to protect your rights. Legal counsel may assist you in requesting bail (i.e., release conditions set by the court prior to trial)—although release terms are at the discretion of the court—or in seeking a bond reduction if appropriate, and can begin developing a defense strategy tailored to your situation. A lawyer may also review the circumstances of your arrest for potential procedural issues. Getting legal guidance early in the process supports a more focused and prepared response.
Frequently Asked Questions
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What Is an Example of Credit Card Abuse?
An example of credit card abuse in Louisiana is using another person’s credit card without permission to make purchases at a store. Even if someone intended to repay the cardholder, using a card without consent may still result in criminal charges under Louisiana law, depending on the specific facts and how the prosecuting authority evaluates the case. However, intent and other factors can affect charges and defenses. Penalties vary depending on the statute charged. For theft-related offenses, value thresholds under La. R.S. 14:67 determines whether the offense is classified as a misdemeanor or felony. A defense attorney can help evaluate where a case may fall under current statutory thresholds.
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What Is a Misuse of Credit Cards?
“Misuse of credit cards” is not a specifically defined criminal offense in Louisiana, but actions described as misuse may be prosecuted under statutes such as Unauthorized Use of an Access Card (La. R.S. 14:67.3), Access Device Fraud (La. R.S. 14:70.4), or Identity Theft (La. R.S. 14:67.16), depending on the circumstances. This can include spending beyond the authorized amount, allowing another person to use the card in a way that may violate the law, or continuing to use a canceled card. Such conduct may lead to prosecution under applicable Louisiana criminal statutes.
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What Are Potential Defenses to Credit Card–Related Charges in Louisiana?
Potential defenses to credit card-related charges in Louisiana may include showing that the cardholder gave permission, that the use was accidental or mistaken, or that the evidence is insufficient. As each case is fact-specific, no particular outcome can be promised or assured under Louisiana law.
Credit Card Abuse Defense Lawyer in Baton Rouge
Being charged with credit card abuse is a serious situation that could affect the rest of your life. You may feel overwhelmed and uncertain about your next step. That’s why having knowledgeable legal support can make a meaningful difference. A skilled lawyer can help you understand your rights, explore your legal options, and advocate on your behalf.
At David E. Stanley, APLC, we’re here to help people in Baton Rouge and nearby areas who are facing charges like credit card abuse. We believe everyone is entitled to a fair chance and a clear explanation of the legal process. You don’t have to go through this alone.
David E. Stanley, APLC
1055 Laurel Street, Suite 2 Baton Rouge, LA 70802
225-926-0200
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. You should not act or rely on any content herein without first consulting a licensed attorney in your jurisdiction. Viewing or interacting with this material—including submitting a form, sending a message, making a call, or leaving a voicemail—does not create an attorney-client relationship. That relationship is only established through a mutually executed engagement agreement. Legal requirements vary by jurisdiction and are subject to change. Always consult a qualified legal professional regarding your specific circumstances.
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