Legal Question in Criminal Law in Minnesota

Felony Forgery - Questions

My husband was incarcerated in 2001. He was released on work release in 2004, went back on a PV, was released again and then once again went back. Now he is to be released this summer, however out of the blue, today, he gets papers stating that he has a felony forgery warrant from Sept 2000, incident happened Sept 1999.

-Is there a statute of limitations on this (as far as if he can be charged)?

-How come this warrant has never showed up of all the times he has been picked up and released?

-He has been in prison around a total of 5 years, if guilty will they run his time concurrent, and if so from what date, incident or warrant date?

-If found guilty, do they go by his �points� (sentencing guidelines grid) from the date of incident or the date he actually pleads guilty?

Thanks in advance!


Asked on 4/03/06, 6:57 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Felony Forgery - Questions

Assuming you are talking about a Minnesota (state) criminal charge, the shortest statute of limitations period for charging a crime is three years. If the state alleges a crime was committed Sept 1999, and filed a criminal Complaint with the court by 2000, since that is less than three years it seems there would be no statute of limitations defense available, under those circumstances.

It is difficult to know why there was a delay in serving the arrest warrant without looking at what actually happened.

If the Sept 1999 charge results in a conviction, and if the crime for which he was incarcerated happened after that, then his lawyer should be able to argue that the crime predating the crime of conviction should not trigger a parole violation.

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Answered on 4/03/06, 7:14 pm


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