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Ali Kirk
Ali Kirk, Lawyer
Category: Criminal Law
Satisfied Customers: 244
Experience:  14+ years experience in misdemeanor and felony trials and appeals.
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I was arrested in febuary of 2008 for theft of a credit card

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I was arrested in febuary of 2008 for theft of a credit card what is the statue of limitations in the state of Alabama
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Ali Kirk replied 5 years ago.
Thank you for your question. So that I can better assist you, can you please provide me with the following information:

When was the card allegedly stolen? (How long before your arrest)
Did you use the credit card? For how much?

Thank you.
Customer: replied 5 years ago.
I don't know exactly when it was stolen I did use the card in a walmart, A friend of mine found it in the ladies restroom and kept it then gave it to me to use and I used it to buy something out of Walmart and the amount of the purchase is for $825.00
Expert:  Ali Kirk replied 5 years ago.
Thank you for following up so quickly. It appears from my research that the statute of limitations is no less than 4 years in Louisiana for this type of crime, thus the State would have at least that long to file charges, though if you were already arrested, it appears they are moving forward.

I'm not certain exactly how you were charged, whether it was a simple theft charge, or they charged you with identity theft, or both. Given the amount you charged on the credit card, it seems you could face no less than 1 year, and as much as 5 years in prison, plus a fine of up to $5,000, or both. Obviously, various factors can play into the sentence you may or may not receive, and there may be facts and circumstances of which I am not aware.

This link below has the Louisiana criminal code so that you can review it. Look at 14:67 (theft) and 14:67:16 (Identity theft). You may also have paperwork from your arrest listing your specific charges.

http://law.justia.com/louisiana/codes/146/146.html

I would strongly advise you to seek the advice of a criminal defense attorney if you have not already done so. Generally, attorneys with 1-5 years experience offer lower fees.

I wish you the best of luck.

DISCLAIMER (I really don’t like this but it is necessary): This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for “Legal Informational” purposes only and should not be confused with “Legal Advice” and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

Ali Kirk, Lawyer
Category: Criminal Law
Satisfied Customers: 244
Experience: 14+ years experience in misdemeanor and felony trials and appeals.
Ali Kirk and 9 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
the crime took place in Bauldiwin County Alabama
Expert:  Ali Kirk replied 5 years ago.
I am so sorry, I apologize! I misread where the crime took place.

Okay, that changes things slightly. Here is the link to the Alabama criminal code:

http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

Theft of a credit card in Alabama, regardless of value, constitutes theft of property in the second degree, which is a Class C felony, punishable by no less than 1 year and 1 day in state prison, and no more than 10 years. However, the outcome of your case can be based on factors of which I am not aware. The statute of limitations is 3 years.

I would encourage you to speak with a criminal defense attorney in Alabama about this matter. The possible charges are very serious, as you can see.

I wish you the best of luck.

DISCLAIMER (I really don’t like this but it is necessary): This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for “Legal Informational” purposes only and should not be confused with “Legal Advice” and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

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