Legal Question in Criminal Law in Texas

Is there a statute of limitations on bad checks and what is the time limit?


Asked on 3/01/10, 2:56 pm

1 Answer from Attorneys

Paul Walcutt Law Office of Paul Holt Walcutt

If it's an amount between $20 and $1500, then it's a misdemeanor, and the State of Texas has two years from the criminal act to file charges. If it's above $1500, then it's a felony amount and the State has three years to file.

However, keep in mind that the statute of limitations defense only applies to the time between the act and the filing of charges; it doesn't mean the State has to arrest the person before that time or the trial has to take place before then. An active warrant before the expiration of the period is generally sufficient, so if you have an active warrant, you can't just wait it out.

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Answered on 3/07/10, 4:37 pm


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