Possession of Another’s Credit, Debit, or Id Card in Chicago

Charged with Possession of Another’s Credit, Debit, or ID Card in Chicago? Andrew M. Weisberg Can Defend Your Rights

Being charged with possession of another person’s credit card, debit card, or identification card is a serious criminal offense in Illinois that can result in felony penalties and long-term consequences. These charges often arise in situations involving alleged identity theft or financial fraud, and prosecutors frequently pursue them aggressively. Even when no fraudulent transactions have occurred, simply possessing another person’s financial or identification card under suspicious circumstances can lead to criminal charges.

If you are facing charges for possession of another person’s credit, debit, or identification card in Chicago or Cook County, it is essential to have an experienced criminal defense attorney protecting your rights. Andrew M. Weisberg is a former Cook County prosecutor who understands how financial crime cases are investigated and prosecuted. He uses that experience to build strong defenses designed to protect your record and your future.

Call (773) 908-9811 for a free consultation.

Understanding Possession of Another’s Credit, Debit, or ID Card in Illinois

Under Illinois law, specifically 720 ILCS 5/17-32, it is illegal to knowingly possess another person’s credit card, debit card, or identification card without their consent and with the intent to commit theft, fraud, or another unlawful act. This statute is closely related to identity theft and credit card fraud laws and is frequently charged alongside those offenses.

The law is designed to prevent financial crimes before they occur. As a result, prosecutors may bring charges even when there is no evidence that the card was actually used. The mere combination of possession and alleged criminal intent can be enough to support a felony charge.

Cases involving possession of another person’s card often arise in situations such as:

Lost or stolen wallets or purses
Borrowed cards that were never returned
Cards discovered during traffic stops or searches
Cards found in shared residences or vehicles
Online purchases made with another person’s information
Allegations involving identity theft investigations

In many cases, the circumstances surrounding possession are unclear or subject to interpretation. A person may possess a card for innocent reasons, such as holding property for a friend or family member. These facts can be critical in building a defense.

Elements the State Must Prove

To obtain a conviction under 720 ILCS 5/17-32, the prosecution must prove several elements beyond a reasonable doubt.

Possession

The State must prove that you possessed another person’s credit card, debit card, or identification card.

Possession may be:

Actual possession, meaning the card was found on your person, or
Constructive possession, meaning the card was located in an area under your control, such as your vehicle, home, or personal belongings.

Constructive possession cases are often contested because multiple people may have had access to the location where the card was found.

The prosecution must also prove that the cardholder did not give you permission to possess the card.

Consent can be an important issue in these cases. People frequently lend cards or allow others to hold their identification, particularly among friends and family members. If consent existed, even temporarily, the State may have difficulty proving this element.

Intent to Commit Fraud or Theft

One of the most important elements of the offense is intent. The State must prove that you intended to use the card to commit fraud, theft, or another unlawful act.

Intent is often based on circumstantial evidence rather than direct proof. Prosecutors may rely on factors such as:

Possession of multiple cards
Possession of unrelated identification documents
Statements made to police
Surveillance footage
Alleged fraudulent transactions

Without clear proof of intent, the prosecution’s case may be significantly weakened.

Penalties for Possession of Another Person’s Card

Possession of another person’s credit, debit, or identification card with intent to commit fraud or theft is typically charged as a Class 4 felony in Illinois.

Potential penalties include:

1 to 3 years in prison
Probation in appropriate cases
Fines of up to $25,000
Court costs and assessments

Although probation is often possible, a felony conviction can have serious long-term consequences.

Enhanced Charges

In some situations, additional charges may be filed, including:

Identity theft
Credit card fraud
Theft
Forgery
Financial exploitation

When multiple cards are involved or when the case is part of a broader investigation, prosecutors may pursue more serious charges.

Restitution

If financial losses occurred, the court may order restitution requiring repayment to the victim or financial institution.

Long-Term Consequences of a Conviction

A conviction for possession of another person’s credit, debit, or identification card can have lasting effects.

Permanent Criminal Record

A felony conviction typically becomes part of your permanent criminal record. This record can appear in background checks conducted by employers and landlords.

Unlike many misdemeanor cases, felony convictions usually cannot be expunged.

Employment and Housing Impact

Financial crime convictions can make it difficult to obtain employment, particularly in positions involving money or personal information.

Housing opportunities may also be affected by a felony record.

Professional Licensing Issues

Individuals who hold or seek professional licenses may face additional consequences after a felony conviction. Licensing boards often treat crimes involving dishonesty very seriously.

Defending Possession of Credit Card or ID Charges

Successfully defending charges under 720 ILCS 5/17-32 requires a careful review of the evidence and the circumstances surrounding the alleged possession. Andrew M. Weisberg develops defense strategies tailored to the facts of each case.

Lack of Intent

The State must prove that you intended to commit fraud or theft. If there is no clear evidence of criminal intent, this can be a powerful defense.

Possessing a card without using it does not automatically prove criminal intent.

If the cardholder gave you permission to possess the card, the charge may not be valid.

Andrew carefully investigates the relationship between the parties and the circumstances surrounding the alleged possession.

Lack of Knowledge

In some cases, a person may not know that another person’s card was in their possession. This can occur when items are left in shared vehicles, homes, or borrowed property.

If you did not knowingly possess the card, the prosecution may not be able to prove the charge.

Constructive Possession Challenges

When a card is found in a shared space, the State must prove that you exercised control over it.

Andrew carefully examines whether other individuals had access to the location where the card was discovered.

Unlawful Search or Seizure

Many possession cases begin with a traffic stop or search. If police conducted an unlawful search or violated your constitutional rights, key evidence may be suppressed.

Suppressing the evidence can significantly weaken or even eliminate the prosecution’s case.

Why Andrew M. Weisberg Is the Right Choice

Andrew M. Weisberg has decades of experience representing clients accused of serious criminal offenses in Cook County courts. His experience as a former prosecutor gives him valuable insight into how financial crime cases are built and how to challenge them effectively.

Clients who hire Andrew benefit from:

Direct access to their attorney
Careful investigation of the facts
Strategic defense planning
Honest advice and guidance
Strong courtroom representation

Andrew understands that many financial crime cases involve misunderstandings, disputed facts, or weak evidence. He works to present the full story and protect his clients’ rights at every stage of the case.

Speak With a Chicago Financial Crimes Defense Attorney

If you have been arrested or charged with possession of another person’s credit card, debit card, or identification card in Chicago, it is important to speak with a defense attorney as soon as possible. Early representation can help protect your rights and improve your chances of a favorable outcome.

Andrew M. Weisberg represents clients charged with financial crimes throughout Cook County.

Call (773) 908-9811 today for a free consultation or fill out an online form and Mr. Weisberg will contact you right away.

Financial crime charges can threaten your future, but an experienced defense attorney can make a critical difference. Andrew is prepared to provide the strong defense you need.

Client Reviews

Andrew is very personable and easy to speak with. He is a very knowledgeable attorney. I was able to contact him with questions, even after hours he would reply. His relationship with the prosecuting attorneys got me the best results possible in my case.

Tanner Knudsen

Andrew is one of the best attorneys I have ever worked with. Very professional and talented, compassionate, trustworthy who is always looking to get the best possible outcome for you. He communicates things very quickly, clearly and concisely. It did not matter if it was a weekend or late evening...

Anna Sroka

Beyond an incredible experience! Andrew is kind, caring, knowledgeable and honest. He handled my case with ease and made sure I understood every step of the process. He was available to me to chat anytime I had a question and he put me at ease. I cannot recommend him highly enough for any and all...

Jennifer Albertalli

Andrew was a fantastic support as he helped navigate a stressful situation. His communication skills and attention to detail provided me with the confidence that the case would be settled quickly and favorably. He is an amazing attorney and I would strongly recommend him to both friends and family.

Michael H.

I am extremely grateful for Andrew, who skillfully reduced my felony charge to a misdemeanor. He was professional, attentive, and kept me informed every step of the way. His dedication and expertise truly made a difference in my case. Highly recommend!

Chuhan Feng

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