The Law Offices of Paul D. Petruzzi, P.A. provide criminal defense representation in Miami, Miami-Dade County, and throughout South Florida. We handle matters in both federal and Florida state courts, including the United States District Court for the Southern District of Florida and the Eleventh Circuit Court of Appeals. If you are under investigation or facing charges, we offer a free consultation to discuss your situation and how we may be able to help.
We represent clients in drug trafficking, fraud, money laundering, DUI, assault, domestic violence, theft, probation violations, record sealing, and other criminal matters. Our criminal defense attorneys assist with bond hearings, arraignment, pretrial motions, trials, sentencing, appeals, and post-conviction relief. Contact our Miami office by phone or through our contact form for a confidential free consultation. See our case results and practice areas for more information.
Is Credit Card Fraud Prosecuted in State or Federal Court in Miami?
Credit card fraud cases may be filed in Miami-Dade state court, in federal court in the Southern District of Florida, or both depending on the statutes and facts. Federal cases often involve access device fraud, wire fraud, or identity theft allegations when interstate commerce is implicated.
- Investigation and charging decisions
- Arraignment and discovery
- Motions challenging evidence
- Negotiation or trial
Credit Card Fraud Defense in Miami-Dade and Federal Court
Credit card fraud and identity theft charges in Miami can be prosecuted in state court (Miami-Dade County or Circuit Court) or in federal court (U.S. District Court for the Southern District of Florida). Credit card fraud attorneys in Miami who handle both state and federal cases can advise on where your case may be filed and build a defense. State charges may involve identity theft, fraudulent use of a credit card, or trafficking in stolen credit cards. Federal charges often include wire fraud, access device fraud, and identity theft under 18 U.S.C. § 1028.
Our firm represents clients accused of credit card fraud, identity theft, and related offenses. If you have been arrested or indicted, contact Miami theft crimes lawyer or a federal criminal defense attorney for a free consultation. We also handle general criminal defense in Miami-Dade. For broader federal fraud theories, see our Miami federal fraud lawyer page. Tax-related federal allegations may implicate separate statutes—see our tax evasion defense overview when those issues appear.
What is access device fraud?
It is a federal criminal statute that can apply to unauthorized use of cards, account numbers, or similar devices. Charging language should be matched to the facts.
Can state charges be dropped if federal charges are filed?
Sometimes cases are consolidated or dismissed in one system when the other proceeds. The outcome depends on prosecutors and jurisdiction.
How long do these investigations take?
Timelines vary. Financial investigations can take months while records are reviewed.
Potential Defenses
Defenses to credit card fraud may include lack of intent, mistaken identity, insufficient evidence, or challenging the legality of searches or seizures. Each case turns on its facts. An experienced attorney can review the evidence and identify potential challenges.
Disclaimer: This page provides general information and does not create an attorney–client relationship. The information presented is not legal advice and should not be relied upon without consulting with a qualified attorney about your specific situation.
Frequently Asked Questions
Is credit card fraud a federal or state crime?
It can be both. Federal prosecutors often take credit card fraud cases, especially when they involve interstate commerce or multiple victims. State charges may be filed in Miami-Dade for in-state fraud.
What are the penalties for credit card fraud?
Penalties vary. Federal access device fraud can carry up to 10 or 15 years depending on the circumstances. Florida state penalties depend on the offense and amount involved.
Do you handle identity theft cases in Miami?
Yes. We represent clients in identity theft and credit card fraud cases in both state and federal court.
Is the consultation free?
Yes. We offer a free consultation to discuss your case.
Can credit card fraud charges be reduced or dismissed?
Sometimes. Outcomes depend on the evidence, legal issues in searches or seizures, and whether the government can prove every element. An attorney can review motions and negotiation options.
How long do credit card fraud cases take?
Timelines vary by court, complexity, and whether the case resolves by motion, plea, or trial. Some cases move quickly; others take months or longer.
Request a Free Consultation
If you need assistance with a criminal matter in Miami or South Florida, we are available to discuss your situation and explore how we may be able to help. Free consultations are confidential. We serve clients in Miami-Dade, Broward County, Fort Lauderdale, and throughout Florida. Call us or contact our office to schedule an in-person or secure video meeting.