Criminal Law Questions? Ask a Criminal Lawyer.
Thanks for your quick response. I have been in the state most of my life, at the same address for the last 6 years.
While I am sure a local attorney could help, they would also charge me money to resolve an issue that it seems shouldn't exist. To be blunt, I don't have it like that right now. Should I write a letter to the DA's office asking them these questions?
Hi Kristi,Maybe the DA read wrong and mistook the $5 for a $50. I would call them again, since time is of the essence and you would rather a warrant not issue. Tell them that you have done some research and that if this is indeed something they can still file you will meet your obligations but you need first to know why this would not be time-barred by the statute of limitations, since 1541.1, the only statute that would apply to a $35 debt, would be a misdemeanor charge.I normally advise suspects and defendants not to talk to the authorities because anything you say can be used against you. That's the main reason for having a lawyer do the negotiating. But you can't hurt yourself too badly by asking in this matter, because I suspect if you have to choose between paying the state $435 or paying a lawyer to handle and fight your case, you're likely going to take the diversion agreement and keep this off of your record. Most people would. They'd regret it because they will always suspect (and they may be right) that this is just the county's way of getting some extra revenue at their expense), but they'd do it all the same.
Thank You very much for your frank answer (insert atty joke here)...lol
Your answer is very much appreciated.
I think I found the missing piece.
Okla Title 22 V.1 Sec. 152 F
..... Prosecution for the crime of false or bogus check, Section 1541.1, 1541.2, 1541.3 or 1541.4 of Title 21 of the Oklahoma Statutes, shall be commenced within five (5) years after the commission of such offense.
As I read it this gives them a 5 yr SOL even on $35... which leaves me a different kind of SOL, it seems.
Thanks again for your input
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).