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I have a case that I could use some feedback on.

In 2006 (hence, before the Sept. 1st amendments), defendant is employed as a home health care worker for victim. Victim is 85. Defendant uses victim's social & other info to open a credit card account & wireless phone account. Defendant makes two payments, falls in arrears, runs up over $2,000 in debt. Victim dies. Other facts make it clear that defendant was acting w/o permission. Daughter of victim files charges.

Defendant has no prior thefts to enhance with.

What's the worst that I can charge her with?

Ideas: I'm looking at using 32.51 to charge her w/ fraud. use of Identifying info. That would be a State Jail Felony. Did she also commit theft by stealing credit from the deceased? Can she be charged w/ straight theft or theft of service by stealing credit from the companies? Prior to Sept. 1, 2007, can she be charged w/ 32.51 & another section?

Lastly, besides restitution, is there any way to look out for the victim's estate/family on the bogus charges?
 
Posts: 23 | Registered: July 23, 2007Reply With QuoteReport This Post
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