CREDIT CARD OR DEBIT CARD ABUSE

A person commits the offense of credit card or debit card abuse when he or she presents a credit card or a debit card knowing that the card was not issued to him or her or that the card had expired or was revoked, uses a fictitious credit card or debit card with the intent to obtain a benefit, steals a credit card or a debit card knowing that it was stolen, buys a credit card or a debit card knowing that the person who is selling the card is not the cardholder, sells a credit card or a debit card without being the issuer, or signs or uses another person's credit card or debit card without the other person's consent. The offense may also be committed by possessing a credit card or a debit card that has not been issued to the person.

Depositions

Depositions are not a discovery device for purposes of federal criminal practice. But depositions are permitted in the interests of justice or in exceptional circumstances. Further, if both parties agree, depositions may also be taken of witnesses. Either party may file a motion to take a deposition of a witness. The moving party should file its motion promptly and early in the pretrial process if possible. The moving party has the burden of showing that it is necessary to take the deposition of a witness in the interests of justice. It is within the trial court's discretion to grant or deny the request to conduct a deposition.

SCHOOL SEARCHES

The basic requirement for a search of a student is the reasonableness of the search. If the school officials have a reasonable belief that the search will produce evidence that the student has violated any rules of the school, the officials may search the student.

Mortgage Fraud

Mortgage fraud has become a more prevalent crime in the past few years. In the last two to three years the number of mortgage companies has increased at a rate of at least 50%. As a result of the increase in the number of mortgage companies, mortgage brokers seem to be engaging in more and more fraudulent types of conduct. The Federal Bureau of Investigation has cited the increase in the number of cases involving fraud and mortgage brokers.

Criminal Law Basics

A criminal case arises when either the federal or state government seeks to punish an individual for an act that is a crime. Whereas a civil case typically deals with a dispute over rights and duties that individuals and entities owe to one another.