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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9219
Experience:  Since 1983
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My wife was picked up this mrnng for check deception ...

Customer Question

My wife was picked up this mrnng for check deception in the state of Indiana. The check was written around 17 yrs ago. They now have her in a county jail waiting for another county which is 3 hours away to pick her up. which they said would be the first of the week sometime. Is there a statute of limitations for something like this. we have never moved from this state and after this many years she is getting a police officer picking her up at our house and carted off to jail. Thanx
Submitted: 8 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 8 years ago.
http://law.findlaw.com/state-laws/criminal-statute-of-limitations/indiana/ displays the criminal statutes of limitations in Indiana.

According to http://wiki.answers.com/Q/What_is_the_Statute_of_Limitations_in_Indiana_for_check_forgery

The Indiana SOL for check forgery is 5 years from date of check presentation for cash and/or cash or goods received or 5 years from the discovery of forged document.

I think the statute of limitations on a 17 year old check has expired by now, but I cannot offer you legal advice, just information. You should check with an attorney admitted to practice law in Indiana, but I have no reason to doubt the accuracy of the information I obtained from the websites linked above.

I hope this helps answer your question.
N Cal Attorney and 3 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to N Cal Attorney's Post: Thanx for your quick response. So what can a peron do now that it is saturday and can't get a lawyer or contact the prosecutor until monday. Is she just stuck in jail until then? what would you recomend?
Expert:  N Cal Attorney replied 8 years ago.
I would call the jail and ask if bail has been set.
Customer: replied 8 years ago.
Reply to N Cal Attorney's Post: there is a $500 cash bail at the county that wants her,,, but she will not be transportd to that jail until monday or tuesday which is 3 hours away from where they have her held now.
Expert:  N Cal Attorney replied 8 years ago.
Are you saying the county that is holding her refuses to let you post bail?
Customer: replied 8 years ago.
Reply to N Cal Attorney's Post: Yes, the county that has her now just picked her up for the other county that has the so called warrant for check deception. I called the county that has the warrant and they said they will be picking her up monday or tuesdy and that there is a cash bail set at $500.
Expert:  N Cal Attorney replied 8 years ago.
Will the county that is picking her up allow you to post bail there before they pick her up?
Customer: replied 8 years ago.
Reply to N Cal Attorney's Post: no they will not. said she has to be sent to there jail for booking. This is just a bunch of bull. Especially since what I have read is that they had no right to begin with.
Expert:  N Cal Attorney replied 8 years ago.
I'm sorry you had this happen, I agree picking her up for a 17 years old bad check really is BS.
Customer: replied 8 years ago.
Reply to N Cal Attorney's Post: so your expert opinion, I will just have to wait until monday and maybe contact the prosecuting attorney?
Expert:  N Cal Attorney replied 8 years ago.
Yes, or just bail her out Monday and then fight the charge based on statute of limitations.

I can tell you from experience, nothing makes you feel more married than bailing your spouse out of jail.
Customer: replied 8 years ago.
thank you so much for your time
Expert:  N Cal Attorney replied 8 years ago.
Thank you for clicking Accept.