C.G.S. § 53a-128e — Criminal Possession of a Credit/Debit Card

You can be charged under § 53a-128e if you possess a payment card (credit or debit) that isn’t yours and you know the card is stolen, forged, altered, expired, or revoked, or you know it was obtained/kept unlawfully (for example, taken in violation of the credit-card theft statute). “Possession” can be actual (in your wallet) or constructive (in a bag/car/room you control).

Prosecutors generally have to show:

1. You possessed a credit/debit card (or several) and you’re not the issuer;
2. The card was stolen, forged, altered, expired, or revoked or obtained/retained unlawfully; and
3. You knew that status when you possessed it.

• Class A misdemeanor
  • Up to 1 year in jail
  • Up to $2,000 in fines
  • Possible probation, restitution, and search/technology conditions

Note: If the card is used to obtain value, prosecutors can also charge Illegal Use of a Credit/Debit Card (§ 53a-128d), which can become a Class D felony if totals exceed certain thresholds.

• Holding onto a found wallet “to return later,” but the card stays in your car/home for days.
• Keeping an ex-partner’s card after a breakup when permission has been revoked.
• Possessing a stack of cards from a mail theft or vehicle break-in, even if nothing has been purchased yet.
• A “borrowed” card left saved in a phone/wallet app long after permission ended.

• Card-issuer records (revoked/expired status), bank notices, chargebacks.
• Texts/DMs about finding/keeping/using someone else’s card.
• POS video, delivery records, device/app wallet logs (even when no purchases were completed).
• Mail theft reports, surveillance from apartment lobbies/package rooms.

• Lack of knowledge: You didn’t know (and had no reason to know) the card was stolen/invalid.
• Momentary possession with intent to return: Prompt steps to locate owner or turn in to police/issuer.
• Permission/authorization confusion: Shared accounts or unclear revocation.
• Attribution/possession disputes: Card found in a shared car/room not under your exclusive control.
• Chain-of-custody gaps: Who actually had the card, and when?
• Accelerated Rehabilitation (AR) Option: For many first-time, low-risk clients charged under Connecticut’s bad-check and payment-card statutes, the Accelerated Rehabilitation Program can be the cleanest path to a dismissal and erasure. I apply for AR at or soon after arraignment; once filed, your case is sealed from public view while the application is pending. The judge decides after hearing from the prosecutor (and any listed victim). We come prepared with restitution, bank records, and a short plan to prevent a repeat (alerts, separate accounts, etc.). Typical supervision runs 6–12 months with conditions like restitution, fees, and staying arrest-free; successful completion ends in dismissal and erasure. We’ll also weigh whether AR is even necessary—if I can secure a nolle or straight dismissal without using your one AR “card,” we’ll do that instead

No. Possession with the required knowledge can be enough—even if no purchase was made.

Act immediately: contact the issuer or police. The longer you keep the card without action, the worse it looks.

Possessing an expired or revoked card can still qualify if you know it’s invalid.

Only if you had current permission. Prior sharing isn’t permanent authorization.

Yes. Prosecutors often stack related counts depending on the facts and any attempted/actual charges.

Often possible for first-time clients, especially with quick mitigation (return of property, restitution where applicable).

We argue no exclusive control and challenge knowledge/intent.

It can. We tailor strategy to minimize collateral consequences.

Not without counsel. “Harmless” admissions can satisfy key elements.

Immediately. Early steps (returning property correctly, documenting permission/mix-ups) can change outcomes.

If you’re being investigated or charged with Criminal Possession of a Credit/Debit Card (§ 53a-128e), I’ll move fast to challenge knowledge, possession, and attribution, and to position you for a non-conviction outcome whenever possible.
Call (203) 357-5555 or reach Attorney Allan F. Friedman through the Contact Page for a confidential strategy session.
For a broader look at arraignments, bond, and case flow, see our Criminal Defense home page.