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Statute of Limations on Bad Checks

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L

larrnick

Guest
On Dec. 8,1983 My husband wrote a bad check in Texas. Over the years we had forgotten about it. Now Texas is putting a warrent out for my husbands arrest, we were just notified by a letter from the county in which the offense occured. Is there a Statue of Limation on this? They are charging him with THEFT BY CHECK.

THANK YOU IN ADVANCE.
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

There are different time limitations in every state.

I don't know if he was charged with a felony or misdemeanor: but here are both

FELONY
Art. 12.01. [177 180] [225 228] [215 218] Felonies
Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward:
(1) no limitation: murder and manslaughter;
(2) ten years from the date of the commission of the offense:
(A) theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government property over which he exercises control in his official capacity;
(C) forgery or the uttering, using or passing of forged instruments; or
(D) indecency with a child under Section 21.11 (a) (2) , Penal Code;
(3) seven years from the date of the commission of the offense:
(A) misapplication of fiduciary property or property of a financial institution;
(B) securing execution of document by deception; or
Text of par. (C) effective until September 1, 2000
(C) a violation under Sections 153.403 (20) (33) , Tax Code;
Text of par. (C) effective September 1, 2000
(C) a violation under Sections 153.403 (22) (39) , Tax Code;
(4) five years from the date of the commission of the offense:
(A) theft, burglary, robbery;
(B) arson; or
(C) sexual assault, except as provided in Subsection (5) of this article;
(5) ten years from the 18th birthday of the victim of the offense:
(A) indecency with a child under Section 21.11 (a) (1) , Penal Code;
(B) sexual assault under Section 22.011 (a) (2) , Penal Code; or
(C) aggravated sexual assault under Section 22.021 (a) (1) (B) , Penal Code; or
(6) three years from the date of the commission of the offense: all other felonies.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 975, ch. 399, Sec. 2 (B) , eff. Jan. 1, 1974; Acts 1975, 64th Leg., p. 478, ch. 203, Sec. 5, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 413, ch. 85, Sec. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5317, ch. 977, Sec. 7, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 330, Sec. 1, eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 716, Sec. 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 565, Sec. 6, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 476, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 740, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1285, Sec. 33, eff. Sept. 1, 2000.


MISDEMEANOR
Art. 12.02. [181] [229] [219] Misdemeanors



An indictment or information for any misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 975, ch. 399, Sec. 2 (B) , eff. Jan. 1, 1974.
 
L

larrnick

Guest
Thank You

Thank You, lawrat in the timeliness of your reply. You have given me a good deal of relief. I had searched the web looking for my answers. You have saved me from alot of stress and frustration.

larrnick
 

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