Can You Be Convicted of Credit Card Fraud If You Signed Your Own Name?

By: John Guidry

In a criminal case, you have to look closely at the charges. You have to drill down deep. A lot of folks get thrown off the scent by taking the arrest report as the Gospel Truth. It’s not. In fact, an arrest report isn’t even admissible in court.

The document that actually matters is called “The Information.” This is what the prosecutor files after they’ve reviewed the police report and (supposedly) spoken with the witnesses. “The Information” contains the specific words describing what you are charged with, regardless of what the police arrested you for.

And here is the thing about law: Words have meaning. As lawyers, we love to argue over what those words mean, because sometimes, a single word can be the difference between a conviction and a dismissal.

Confused by the charges against you? Don’t rely on the police report.

Call John today at (407) 423-1117 to analyze the actual case filed against you. The consultation is free.

The Legal Breakdown: A.M. v. State vs. Jones v. State

Let’s look at how two different courts in Florida handled credit card crimes. It usually starts the same way: surveillance cameras. Whether it’s a gas pump or a department store, cameras are everywhere. Police pull the tape, match the time code to the swipe, and boom—they have a suspect.

But how the suspect uses the card matters.

Case 1: The Honest Thief (A.M. v. State)

In A.M. v. State, 794 So. 2d 645 (Fla. 2d DCA 2001), a young woman took her mother’s credit card without permission and racked up $349 in charges.

• The Act: When the clerk asked about the name on the card, A.M. admitted it was her mother’s but claimed she had permission. Crucially, she signed the receipt in her own name, not her mother’s.
• The Charge: She was charged with fraudulently representing herself to be the cardholder (Florida Statute 817.61).
• The Result: The appellate court threw out the conviction. Why? Because she never pretended to be her mother. She stole the card (Theft) and used it (Fraudulent Use), but she wasn’t charged with those crimes. She was charged with representing herself as the owner, which she explicitly did not do.

Case 2: The Silent Swiper (Jones v. State)

Fast forward to a more recent case, Jones v. State, 2018 Fla. App. LEXIS 3325 (Fla. 4th DCA 2018). Jones used a stolen card at a McDonald’s.

• The Act: Jones swiped the card. Because it was a small amount at a fast-food joint, no signature was required.
• The Charge: Like A.M., he was charged with fraudulently representing himself to be the cardholder.
• The Result: Jones was convicted. He argued that, like A.M., he never claimed to be the owner. The court disagreed. They ruled that in this day and age, the simple act of swiping a card is an “implicit representation” that you have the right to use it.

John’s Takeaways

This is a perfect example of why the specific statute you are charged with matters. Here is what you need to know:

• The Police Report is Not Final: Just because the police wrote “Fraud” on the arrest affidavit doesn’t mean the prosecutor will charge it correctly. We attack the charge filed in “The Information.”
• Details Matter: Did you sign the receipt? Did you use a PIN? Did you show ID? These small facts change which statute applies. In A.M., signing her own name saved her from that specific charge.
• Modern Tech Changes the Law: As Jones shows, courts are updating their views. If you swipe a card at a kiosk that requires no interaction, the law now assumes you are claiming to be the owner.
• Multiple Crimes, One Act: A single credit card swipe can be charged as Theft of the Card, Fraudulent Use of the Card, and Fraudulent Representation. If the State gets lazy and picks the wrong one, we can move to dismiss.

Get a Strategy That Fits the Facts

Credit card cases in Orange, Seminole, Osceola, Lake, Brevard, and Volusia County are more complex than they look on the surface. The State often overcharges or charges the wrong statute, hoping you’ll just take a plea deal without checking the fine print.

Don’t let them get away with it. I’ve been analyzing these “Information” documents for over 30 years.

Call me at (407) 423-1117. Let’s get to work.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.