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What is the statue of limitations for bad checks in Louisiana

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Location: Louisiana  |  Law type: Criminal defense attorney
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Husband arrested for bad checks from 1996 can they legally arrest him

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2 months 4 weeks ago, Criminal defense attorney, San Antonio

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

  1. 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.

  2. 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.

  3. 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.

Written, answered, changed

Legal question "What is the statue of limitations for bad checks in Louisiana " has been changed 6 months 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Louisiana & area of law: Criminal defense attorney.
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A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

If you're facing criminal charges (You were detained and imprisoned by the police), You have the right to remain silent. You should remember, that anything you say can and will be used against you in a court. You have - just like anyone else -  the right to an attorney. If you cannot afford an criminal defense attorney, you may qualify for a court-appointed lawyer. 

  • How to Become a Criminal Defense Lawyer? - wikihow.com
  • Tips on how to find the right lawyer to handle your criminal case - nolo.com
  • Various ways that private criminal lawyers charge for their work - nolo.com

How to find and compare top criminal defense law firms that provide legal aid for DUI and other criminal cases? Search Super Lawyers directory, compare criminal attorneys on Justia or browse detailed Avvo reports on Criminal Defense Attorneys across United States.

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