Felony Identity Theft Case

[collegestudent]

Hi everyone, I am an international student going to a college in U.S with F-1 visa.

Recently, I have been investigated and filed a case relating to identity theft which amounts total to $4,000 and the police says it is a felony. I am still waiting on District Attorney's decision (denial or summon for arraignment).

Here is my case: I was naive enough to believe in one of my acquittance in native country that he could set up a virtual bank account for me to buy things I like but I have to pay him $50 and there will be no harm for any victims (because it is virtual). I agree just out of curiosity and want to test it out. I was careful enough to purchase only e-giftcode or online items that I never bother to use.

However, a few weeks after, police said that I will soon be reviewed by DA for the case I committed. I talked to him and partly admitted my guilt, adding that I wasn't aware that the bank account actually belongs to a real person and some of the purchases I didn't make.


Please note that: I wasn't even using any of those gift codes, I just ordered them out of curiosity. I wasn't aware that the bank account belongs to an actual victim. There were some orders that were claimed to be made from my laptop which I had no idea. Perhaps the guy hacked into my laptop and used it as a prank to put more charges on me? Would the judge believe that? I am a good student and have a clean record with good academic standing.

1. Now if the victim is in Arizona and I am in California, will the DA just drop the case?
2. How badly will it look in your opinion for my future H1 B visa and naturalization process?
3. How long do I have to wait until arraignment and other court dates?
4. I already booked a ticket to travel back home this Summer, how should I change my plan?
5. How much will a bail out cost for my case?

6. My student advisor told me that I will surely be kicked out of school and he is trying my best to help me with the case. Mean while, I am trying to transfer to other schools. Will the new school mind at all about my incident?
7. My advisor and the chief of campus' police believe that my case will get denied or dismissed easily. How close are their assumptions?
8. What is the chance of me getting deported out of this? And can I use it as a plea bargain to reduce my charges so I can maintain my F-1 status?

Thank you so much guys for supporting such a helpful community. This is my only and last mistake I ever committed.

[MrsAllen2b]

The Victim being in Arizona and you in California means that you did this across state lines.

Rule #1 in criminal law: ADMIT NO GUILT UNTIL YOU'VE SPOKEN TO A LAWYER AND GOTTEN THEIR ADVICE.

Sounds like your "acquaintance" screwed you over, pal. This "virtual" account he set up was scamming people. You will have to explain the situation in full detail to an attorney and see if you can get them to help.

How did you think you were going to get a virtual bank account to buy gift card codes if you didn't have the money in an actual account? Any way you look at it that doesn't add up.

[alpaahdi]

You might need a couple of attorneys, actually. One for the criminal case and another for your immigration matters. I would suggesting looking at Avvo.com to find the best ones for you.

[txh1b]

1. No.
2. If you are convicted of it or end up with a plea bargain, you can almost forget immigration. Check for petty exception clause but you may not fit in.
3. Depends on your county and how busy the courts are.
4. You should not travel or they may deem you as a flight risk and deny your bail completely and you may have to spend time until your case is resolved. Get an attorney.
5. Bail out does not exist. It really depends on how good of an attorney you want to the case. Schedule few free consultations with couple of them and discuss the case. Guage how each one of them feels and decide on who to move forward with. Do not go with the person that will say I will get you out of it easily. Guage the general opinion of couple of them.
6. You may have to disclose it on your application in the school. If the school doesnt mind, Immigration will if you get a conviction. Avoid a conviction by all means and a plea bargain is considered a conviction for immigration purpose.
7. Everyone is entitled to their opinion and views. Reality could differ and is dependent on how well staffed is your DA.
8. Plea bargain is counted as a conviction for immigration. Do research or talk to an immigration attorney. You need one that is conversant in both immigration and criminal law.