Access Card Fraud (Penal Code 484e)

California does not treat credit and debit cards under the general theft statutes alone. It has a dedicated scheme built around the term access card, and the detail that most often drives the bail figure is simply how many cards or accounts are alleged.

What the statute covers

Penal Code 484e and the surrounding sections address offences involving access cards — the statutory term covering credit cards, debit cards and similar account access devices. The conduct reached includes acquiring or retaining a card, or the account information from one, in defined circumstances. Some conduct is treated as grand theft.

Whether a given case is charged as a felony or a misdemeanour depends on the subdivision and the circumstances — see what is a wobbler.

Why the totals climb

The source-of-funds problem

This category attracts Penal Code 1275.1 scrutiny more than most. Where money is central to the allegation, a court may decline to accept bail it has reason to believe was feloniously obtained, until the legitimate source is shown — which can delay release even after the full amount is offered. Keep documentation of where the money came from. See PC 1275 holds and who can post bail.

Federal overlap

Some card and financial cases are prosecuted federally instead of, or in addition to, state court. Federal detention is a separate system and a California state bail bond does not apply to it. We handle California state bail only.

Working out the amount, and what can change it

The figure comes from the countywide schedule Penal Code 1269b requires each county’s judges to adopt and revise annually. A judge may raise bail under 1269c, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing here is legal advice and we cannot predict how any case will be charged or resolved. California bail license 1841014.