card fraud Question And Answer
Credit Card Fraud and Mental Health?
A close freind of mine is being prosecuted for Credit Card Fraud/Identity theft and has a court hearing next week. She also is bipolar. Her lawyer wants a certificate of diagnosis from her mental health provider....do you think her mental circumstances will help her case? I guess she was off her meds at the time cause she couldnt work due to the bipolar and side effects of her medication.
No she acted alone...the arguement is that she wasnt in her right mind when the act was committed.
Answers
That one depends so much on the judge. Did she act alone or with someone? If with someone, there may be an argument that she was led astray. That usually means ratting out the other person.
Tough call.
Doubtful. Her lawyer would have to prove she literally didn't know right from wrong when she decided to steal and use someone else's credit card.
Yes. Have her get a letter from the psychiatrist with her diagnosis.
I have a few years as a file clerk with a mental health clinic and I have sent many a treatment plan and psych evaluation to courts.
She may be judgment proof, but if she owns anything, they may be able to get a judgment on her estate. (However, she probably doesn't have anything anyways.)
If the credit card companies can prove that she willfully went off her meds, she may have an uphill battle.
A lawyer would get her off but we both know she doesn't deserve to be let off. These people use their disabilities to get their own way because they still know what's right and wrong.
She deserves to be punished and she may then take better care of herself.
maybe but she will have to demonstrate that she was not able to tell right from wrong at time of incident and da wiill have dr try and trip her up. Since she is sick and crime is non violent maybe should get plea deal spec if u turns a ringleader of scam