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Statue of limitations in Virginia Fraud, Embezzlement, Bad Checks

Discussion in 'Criminal Charges' started by sawyer, Apr 18, 2020.

  1. sawyer

    sawyer Law Topic Starter New Member

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    Jurisdiction:
    Virginia
    Is there a statue of limitations in cases of forgery on checks?
    Specifically forging the signature of a deceased person on checks in excess of $2,000.00
    How about giving prescribed narcotics to a person to whom the narcotics were not prescribed to?
    Thanks in advance!
     
  2. justblue

    justblue Well-Known Member

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    On what date did you forge the checks?
    On what date did you deal the narcotics?
    In what amount did you deal?
    Have you been charged for any of your offences?
    If so on what date were you charged? Do you have an attorney?
     
  3. flyingron

    flyingron Well-Known Member

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    All of these crimes appear to be felonies. There's no limitation on the prosecution of felonies in Virginia.

    If you are charged on any of these you ABSOLUTELY need to be talking to an attorney. I would avoid talking about these crimes to anybody but your attorney.
     
    justblue likes this.
  4. Tax Counsel

    Tax Counsel Well-Known Member

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    For future reference the term you want is statute of limitations. That will help you next time you want to google this kind of information.

    The statute of limitation for all prosecutions other than murder is found in VA Code section 19.2-8. Note that the link shows both the old law (effective prior to October 1, 2019) and the new law (effective starting October 1, 2019). If a crime is not listed there then there is no statute of limitations for it. Thus, for most felonies in VA there is no limitation.
     
  5. flyingron

    flyingron Well-Known Member

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    I think if you read the statute carefully and follow the references to the other sections, you'll find that none of the listed offenses are felonies.
     
  6. Tax Counsel

    Tax Counsel Well-Known Member

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    I've not reviewed them all in detail, but I know of at least one felony that in Virginia that does have a statute of limitation. It is the offense of conversion of trust fund taxes, for which the statute of limitation is 5 years. See VA Code § 58.1-1816. Thus my statement that most felonies do not have a statute of limitation. As there is at least one felony that is subject to a statute of limitation saying that all felonies in VA are not subject to a statute of limitation is not accurate.
     
    Last edited: Apr 18, 2020
  7. army judge

    army judge Super Moderator

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    Some VA attorneys have said this about fraud/forgery:

    Virginia Fraud Laws | VA Forgery | Identity Theft Cases

    https://www.roanokecriminalattorney.com/practice-areas/white-collar-crimes/forgery/

    § 18.2-181. Issuing bad checks, etc., larceny

    Check Fraud


    +++++++++++++++++++++++++++++++++


    Some VA attorneys (as well as the state law) have/has said this about the SOL:

    Drug Control Act

    Virginia Civil Statutes of Limitations

    Drugs – Overview – Virginia Rules


    Anyone can use any web search engine to find hundreds more such sites.


    WARNING: Only a lawyer you HIRE can provide you with legal advice, anything else can be good advice, even bad advice, but isn't LEGAL advice!
     

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