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What is the statute of limitations for check fraud in California,

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What is the statute of limitations for check fraud in California, 4 checks total 5000.00 How many years can someone bring charges after the fraud is discovered?

NOTE: My apologies for a technical issue that seems to be removing my original spacing. If the text of my message appears difficult to read, I am sorry for any inconvenience. I have submitted a report to our system for handling. Thanks for your patience!

 

Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with criminal law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. "How many years can someone bring charges after the fraud is discovered?" For the matter that you have described, the statute of limitations is three years from the incident, pursuant to California Penal Code §§799 et seq. However, the limitations period is tolled during times the crime was not discovered or reasonably should have been discovered. In other words, if the fraud was discovered in May 2008, the case could be pursued in May 2011 until the day after the three-year anniversary of the discovery. However, keep in mind that as a private citizen she is unable to actually prosecute the matter. She can file a police report, but any decision as to whether or not to prosecute rests solely within the discretion of the prosecutor.
  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I hope all works out.

 

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Customer: replied 5 years ago.

She committed check fraud on me in april 04 discovered in 1-2 months, no charges filed, Accused me of domestic violance twice, both times I was arrested and case dismissed. Once the paper printed the next week that I was the victum. Will a prosecuter investigate the credibility of a plaintif before deciding to prosecute?

 

If she presses charges I will know it because an investigator will contact me Correct?

NOTE: My apologies for a technical issue that seems to be removing my original spacing. If the text of my message appears difficult to read, I am sorry for any inconvenience. I have submitted a report to our system for handling. Thanks for your patience!

 

Hello again,

 

Thanks for writing back -- good to hear from you.

 

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I will be glad to comment further -- please see below.

 

  1. "Will a prosecuter investigate the credibility of a plaintif before deciding to prosecute?" Yes. The prosecutor has a duty to press charges but also has to weigh that with practical considerations such as the available evidence and the amount of time that has elapsed. Credibility of the complainant, as you mentioned, is certainly relevant as well.
  2. "If she presses charges I will know it because an investigator will contact me Correct?" Yes. You would either be contacted by an investigator or arrested by the police. While I can make no guarantees, given the nature of the incident and the amount of time that has elapsed, I would expect to see the former (contact) rather than the latter (arrest).

 

I hope that helps a bit more and that things work out properly for you in this matter.

 

Take care and thanks again for choosing JustAnswer®!

 

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