Credit Card Possession- Criminal Defence Lawyer Toronto
If you get caught in a credit card possession, contact Kazandji Law. We will help you with the case and prepare the strongest defence for the court hearing.
Credit Card Offence
Swiping a credit or debit card to snatch some cash or goodies without permission is what we call credit card fraud. It is like a slippery assistant to identity theft.
This is not just a tiny problem—it is a big deal, especially in Canada, where it is messing with the whole economy. It is linked to some serious organized crime. If someone is pulling off this kind of trickery, they might get a knock on their door from the big names like the RCMP or CSIS.
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Criminal Code For Credit Card Possession in Canada
According to the criminal code, it is a crime if someone makes a fake credit card, steals one, or knowingly uses or sells a credit card they are not authorized to use.
The charges will be allocated according to the situation, including theft, fraud, or selling credit card information.
If you know that your credit card has been cancelled, and you are still using it, it will be considered a crime in the criminal code.
If you have hired a lawyer, he might argue for you that wrong charges are being imposed against you, and it can reduce the punishment or change the case’s result.
What Ways Are Credit Card Fraud Take Place
Credit card fraud can be committed without having the card physically. It is illegal to possess, sell, or use credit card information or other personal details that can be utilized to credit cards against the law.
If you have someone’s credit card or the information of the credit card, it will be considered fraud in the law, even if you have not used it.
For example, if during the search, the police find a credit card with you that is not yours, you will be charged for it, even if you have not used it.
The laws for credit card fraud are very complex if it happens in different provinces or countries. These laws are constantly changing, so hire a lawyer who updates you with the latest cases if you ever get caught in such an offence so they have the best defence to bring you out of the situation.
Other Types of Credit Card Fraud
Following are the other types of credit card fraud;
- Counterfeiting: To have a duplicate copy of an authentic credit card for fraud.
- Card Not Present: To use credit card information for fraud over email, phone, or the Internet.
- To use software that is specially designed for credit card fraud, e.g., PIN, etc.
- To provide false information to get credit cards through mail.
- Lost/Stolen: To use unauthorized credit cards after they are lost or stolen.
- Identity Theft: To get the personal information of other individuals to assume their identity for fraud purposes.
Every individual involved in such offences must be represented by a highly qualified lawyer in their defence, who will offer support during the investigation.
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Penalties For Credit Card Offense in Toronto
According to section 342(1) of the Criminal Code of Canada, if someone makes a fake credit card, steals a credit card, uses or sells a credit card illegally, or uses a credit card that has been canceled, it is considered a severe crime.
This means they can go to jail for doing such an offense, either with a trial or without a trial, depending on the offense and its seriousness.
Misusing a credit card is also considered a crime because many people lose a lot of money every year without knowing it.
Improper use of credit cards also falls in the category of fraud, theft, robbery, and extortion as a ‘dishonest crime’.
A person who commits credit card possession can go to jail for up to 10 years, depending on how much money is involved.
A wide range of actions falls in the credit card possession case, e.g., if you use someone’s credit card carelessly or even carelessly with your credit card, you can be charged or might be accused of fraud.
Your punishment for credit card possession is based on the amount of money transacted and the type of crime. The Criminal Code of Canada states that if you fake a credit card, steal it, or use a canceled credit card, you can go to jail for a maximum of 6 years or have to pay a $5,000 fine.
If your case is more severe and is presented and handled by a High Court, you can face jail for up to 10 years.
Ways to Survive Without Your Old Credit Card
- Use a debit card instead of a credit card to buy groceries and shopping.
- Get a prepaid credit card and use your saved money; it is a good option because you are not borrowing.
- Use a supplementary credit card; ask your family member to make a credit card in their name and make you a supplementary holder.
FAQs
Do Police investigate credit card theft in Canada?
Yes, the Police are fully involved in the credit card possession investigation.
What is the penalty for theft over $5000 in Canada?
A person who commits theft over $ 5,000 in Toronto, Canada, has to spend ten years in jail.
How serious is credit card theft?
Credit card theft is considered very serious in the Criminal Code of Canada.