Legal Solution
The response provided below is specific to Criminal defense attorney in the jurisdiction of Louisiana. The previous inquiry was brief, complicating a thorough response.
Addressing the Statute of Limitations for Bad Checks in Louisiana
Based on the information provided, it appears that a husband has been arrested in Louisiana for checks he allegedly wrote in 1996 that were not honored. The question pertains to whether an arrest under these circumstances is legally permissible after such an extended period of time.
Relevant Louisiana Statutes
- RS 14:71.1 - Issuing Worthless Checks
- RS 9:2782 - Statutory Period for Limitations of Actions
- Louisiana Government Homepage: www.louisiana.gov
Possible Resolutions
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Statute of Limitations Defense: If the statute of limitations for prosecuting a particular crime has expired, that fact can serve as a defense to any prosecution for that crime. It would be crucial to consult the relevant statutes to ascertain the exact duration of the limitation period for issuing worthless checks in Louisiana.
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Legal Representation: It's vital to secure the services of a qualified criminal defense lawyer in Louisiana who is familiar with the state's laws regarding bad checks and the statute of limitations. They can provide the most accurate advice tailored to your husband's specific situation.
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Evidence Review: Gather any evidence or records related to the checks in question, such as bank statements, communications, or any other pertinent documentation. This might support the defense or provide a basis for dismissal.
Estimated Costs of Legal Services in Louisiana
Legal Service |
Average Cost |
Initial Consultation with a Criminal Defense Attorney |
$150 - $300 |
Case Review |
$500 - $1,500 |
Full Representation |
$2,500 - $10,000 |
Court Appearance |
$750 - $2,250 |
Note: These prices are approximate and can vary based on the complexity of the case, the reputation of the attorney, and other factors.
Further Clarifications
It would be beneficial to gather more information about the checks in question. Have there been any prior warnings or legal actions related to these checks?
Remember: Every legal situation is unique. To make an informed decision, always find the right lawyer and consult directly with them.
Relevant Questions for Further Understanding:
- Were there any attempts made to collect on these checks before the arrest?
- Are there any records of communication between your husband and the entity to which the checks were issued?
- Were there any extenuating circumstances at the time the checks were written?
Common Questions and Answers:
What is the statute of limitations for bad checks in Louisiana?
The statute of limitations varies based on the specifics of the crime. It's essential to consult the exact statutes and a qualified attorney for accurate information.
Can a person be prosecuted for a bad check written decades ago?
Generally, there are time limits (statute of limitations) for prosecuting crimes. If the time limit has expired, prosecution may not be possible. However, some circumstances can extend or restart the clock.
What are potential defenses against bad check charges?
Common defenses include: the check was postdated, the recipient knew there were insufficient funds, or there was an agreement for delayed payment.
How can I prove my innocence if charged with writing a bad check?
Evidence can include bank records, communication records between parties, or evidence showing the check was not intentionally written without funds.
Can a civil lawsuit be filed in addition to criminal charges for a bad check?
Yes, the recipient of the bad check may also pursue civil remedies to recover the amount of the check plus any damages.
Always consult with a criminal defense attorney to understand the nuances of your specific case and to navigate the legal process in Louisiana.
Disclaimer
This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.
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