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Nate
Nate, Lawyer
Category: Criminal Law
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Experience:  Over 10 years of criminal defense practice.
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I just found out about a case for check deception from 2007,

Customer Question

I just found out about a case for check deception from 2007, charges were never filed in the county because i was on probation at the same time. I was in prison from 2009 until july of 2010 and nothing ever came up. can you tell me if the SOL is in effect in this? they want me to appear in court on March 4th for an inital hearing on this.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Nate replied 3 years ago.
Thank you for your question.

If the warrant was filed back in 2007, the statute of limitations would not apply. However, if you have been on probation and then incarcerated, they had ample opportunity to serve you with the warrant.

Your remedy would be a violation of your right to a speedy trial due to bureaucratic indifference. They have had at least three years and ample opportunity to serve you with the warrant. You would have a decent argument, albeit it is an argument best made by your lawyer.

I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question.

Thanks!

Nathan Moore
Customer: replied 3 years ago.

a warrant was never issued on this.

Expert:  Nate replied 3 years ago.
In that case, the warrant would have had to have been sworn within two years of the incident. It sounds like you cannot be prosecuted for this crime.
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10633
Experience: Over 10 years of criminal defense practice.
Nate and 2 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
what if a warrant was never sworn only have a case number from 07 noting comes up of the charges on my criminal record

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Nate
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