Legal Question in Criminal Law in California

Statute of Limitations for Forgery in CA

What is the statute of limitations for forgery in California? Does the limit apply if the District Attorney files charges but the statue of limitations expires before the matter goes to trial? Finally, what is the exact definition of ''forgery'' as it pertains to signing someone else's name? For example, how does it apply to a business partner who authorizes you to sign for them but later claims he gave no such authorization. Does the mere act of signing his name consitute forgery or does he have to suffer some loss as a result?


Asked on 6/21/05, 12:06 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Statute of Limitations for Forgery in CA

The reason people are required to sign documents is usually to verify that they have had a chance to read what the document says. This purpose is not served by having someone else sign the document in the principal's name.

Ordinarily, when person A authorizes person B to sign a document for him, B is supposed to sign in his own name, not in A's. A's authorization means that he will be bound by agreements B makes on his behalf, but does not mean B can pretend he actually *is* A.

All the prosecutor needs to do before the statute of limitations has run is to file an information or indictment. There is no need for the trial to be held before this time has run, and in many situations it would not even be possible to hold a trial so quickly.

I would need to know more facts before I could say whether you have committed a crime here.

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Answered on 6/21/05, 1:01 pm


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