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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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is there a statute of limitations on theft and identity theft

Customer Question

is there a statute of limitations on theft and identity theft in the state of ohio
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 3 years ago.
For any fraud the statute of limitations is 1 year from the date the offense was discovered. For the theft the Ohio statute of limitations is 6 years or 2 years if it is a misdemeanor (under $1000).


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Customer: replied 3 years ago.
if i have an indictment for 2 counts of theft in 2005 and 2 counts of identity theft fraud in 2004 do i have a chance of winning this by the statute of limitations law
Expert:  Law Educator, Esq. replied 3 years ago.
If you were indicted in 2005 and 2004, the indictment stops the statute of limitations from running. If you were just indicted on these charges now, then it still may not help you if the theft was a felony since the statute of limitations is 6 years and that would mean 2011 and the fraud would be 1 year from when they discovered the fraud. So it may not help you at all.
Customer: replied 3 years ago.
the charges was from 2004 and 2005 i just got indicted on them today
Expert:  Law Educator, Esq. replied 3 years ago.
Then it is possible that you can argue the statute of limitations, but without reading the police reports and indictment I cannot be more specific than that. I told you what was required under the statute of limitations and that is the most I can tell you without reading the files.
Customer: replied 3 years ago.
there wasnt a police report. my fiance of 6 years from 2003-the end of 2008 is now claiming i used his credit card without his consent .... lie and that i got a loan in his name without him knowing... when all along the statements was going to his address. I paid a large portion of the debt already but he is going backwards and sueing for the full amount of the accounts which he benefited from some of the purchases as well.
Expert:  Law Educator, Esq. replied 3 years ago.
If there was fraud involved then it would run from the time he allegedly discovered it. However, based on what you are saying if he benefited from the purchases and you can prove he knew about them then this too is a valid defense that it was not done without his knowledge or consent.
Customer: replied 3 years ago.
he discovered it in 04 and 05 i lived in his home and the statements was coming to his house, he knew i was paying it all along when i moved out in 2008 i continued to pay until 2010 i had at that point paid over 1/2 the debt... how can he sue for the full amount and would i not get credit for the amounts that i have paid since he has paid nothing on either account
Expert:  Law Educator, Esq. replied 3 years ago.
Then the Statute of Limitations would be one of your main defenses that your attorney will raise. He can sue for the full amount, but he can only recover the actual damages he can prove that he had to pay or will have to pay.
Customer: replied 3 years ago.
you are awesome... thank you for the info.... also one last questions they are indicting me on a fourth degree felony on all counts i have never even had a speeding ticket in 44 years... am i looking a jail time or probation
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you. It sounds like you have a valid defense to this and you do need an attorney for certain, but even if for some odd reason they find you guilty, it is unlikely that with no record ever that you would get anything more than probation.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92476
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 6 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
Is there a way to keep the indictment out of the local newspaper
Expert:  Law Educator, Esq. replied 3 years ago.
Unfortunately, this is public record, so you cannot keep it off the news or out of the newspaper.

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Law Educator, Esq.
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Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience