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Trebor2z · Oct 24, 2012, 08:48 AM

How long can you be made to appear in court, or prosecuted for misdemeanor theft by deception?

tickle · Oct 24, 2012, 08:57 AM

That statute varies from state to state; for example in New Jersey it is five years. So where are you located?

tickle · Oct 24, 2012, 09:06 AM

Well that was bright? You are on Kentucky. Kentucky doesn't seem to have one according websites I have checked. Could be one of our legal experts will shed some light o. It.

Trebor2z · Oct 24, 2012, 09:11 AM

Thank you for your time.

excon · Oct 24, 2012, 09:44 AM

Hello T:

I have a feeling you don't quite understand what the statute of limitations is.. It runs from the time a crime has been discovered, till the time a person is charged...

However, once a person has been charged and a warrant issued, the warrant NEVER goes away.

I say that because you mentioned misdemeanor. Seems to me that you wouldn't KNOW that you committed a misdemeanor UNLESS you had been charged..

excon

Trebor2z · Oct 26, 2012, 02:27 AM

I should have been more specific, I wrote some bad checks eight years ago and I thought I had took care of them. Then the other day I got some papers from the sheriff's department saying I had to go to court over 6 checks. This is the first thing I have heard of this, and the deputy even said that he hated to bother me with it since it had been so long ago and it was a misdemeanor.

ScottGem · Oct 26, 2012, 03:14 AM

Which means you are being charged. Which means you need an attorney. So you ask your attorney what the SOL is.

tickle · Oct 26, 2012, 03:20 AM

I really couldn't believe writing bad checks is only a misdemeanor so looked up by state and found that Kentucky isn't included in the list, but all they in other states is add on bank charges and lawyers fees plus a few extra dollars to the amount of the check, for repayment. So I guess it is a misdemeanor. I had always thought it was a fraud charge, and that would mean Federal jurisdiction, would it not ?

For the SOL issue, Kentucky was not listed in this either, but all other states had an SOL for 'theft by deception'.

ScottGem · Oct 26, 2012, 04:30 AM

Originally Posted by tickle

So I guess it is a misdemeanor. I had always thought it was a fraud charge, and that would mean Federal jurisdiction, would it not ?

I think that depends on whether the checks were drawn on a federally or state charted bank.

Trebor2z · Oct 27, 2012, 03:46 AM

The thing that bothers me about it all is why didn't they notify me eight years ago instead of now. I was in better shape to take care of it then. Since it was a mistake on my part I had the money, now I don't that's why I was wandering about SOL since I didn't get anything until now.

ScottGem · Oct 27, 2012, 04:36 AM

Could be a new audit found it,

AK lawyer · Oct 27, 2012, 07:05 AM

Originally Posted by tickle;

I really couldnt believe writing bad checks is only a misdemeanor so looked up by state and found that Kentucky isnt included in the list, but all they in other states is add on bank charges and lawyers fees plus a few extra dollars to the amount of the check, for repayment. So I guess it is a misdemeanor. I had always thought it was a fraud charge, and that would mean Federal jurisdiction, would it not ?

For the SOL issue, Kentucky was not listed in this either, but all other states had an SOL for 'theft by deception'.

When in doubt, look at the actual statute, Kentucky's statutes in this case. Theft by deception is a class A misdemeanor unless the check is over $500, in which case it's a felony.

"500.050 Time limitations.
(1) Except as otherwise expressly provided, the prosecution of a felony is not subject to a period of limitation and may be commenced at any time.
(2) Except as otherwise expressly provided, the prosecution of an offense other than a felony must be commenced within one (1) year after it is committed.
(3) For a misdemeanor offense under KRS Chapter 510 when the victim is under the age of eighteen (18) at the time of the offense, the prosecution of the offense shall be commenced within five (5) years after the victim attains the age of eighteen (18) years.
(4) For purposes of this section, an offense is committed either when every element occurs, or if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated." http://www.lrc.ky.gov/KRS/500-00/050.PDF

Originally Posted by ScottGem

Could be a new audit found it

I don't see that discovery extends the SOL.

Trebor2z · Oct 28, 2012, 03:38 AM

Thank you for your time and reserch.