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Is there a statute of limitations on a bad check in alabama?

Clanton, AL |

Recently I was pulled over and found out I had a warrant for a check written 24 years ago. I don't even remember it. I was taken to jail and my car impounded then when I got to the jail, they turned me loose and told me to call a number and it was an answering machine. I was just wondering if time hadn't ran out on this type of check.

Attorney Answers 3


If you have a warrant that means the case was filed a long time ago. Statutes of limitation limit the time within which an action can be brought. If it was filed way back when and you were only picked up on it now, you have potentially other motions (if the case will still be prosecuted), but statute of limitations isn't going to be one of them.

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A statute of limitations deals with the time in which a charge must be filed. If there is a warrant outstanding, the charges have been filed. A warrant will remain open and you are subject to being arrested at anytime unless and until the charges are dropped or you clear the warrant by turning yourself in or are arrested.

Contact an attorney to help you with the case.

Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

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In Alabama, the statute of limitations for misdemeanor offenses is 12 months. Negotiating a worthless instrument (writing a bad check) is a misdemeanor. So, if that were the charge, the statute of limitations might have passed.

However, there's no statute of limitations for offenses involving forgery. So, if you've been charged with forgery, even though it was 24 years ago, the State could still prosecute you.

Disclaimer: No attorney client privilege is established by receiving an answer to your question on Avvo. This answer is provided for informational purposes only. If you have further questions, please do not hesitate to visit my profile and set up an appointment. As required by Rule 7.2(e), Alabama Rules of Professional Conduct, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers

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