Legal Question in Criminal Law in Ohio

bad checks

Volks:

I rescently recieved a letter threatning criminal prosecution if i did not immediatly pay a bad check plus $130 recovery fee. Now the check was written three years ago, and the check was for $5.36.

I think the ohio statute of limitations for criminal prosecution is 2 years on misdermeanor of the first degree, (which check kitting is) can you please confirm this?


Asked on 6/19/02, 8:10 pm

1 Answer from Attorneys
Wm. Bruce Davis

Re: bad checks

First of all, you are correct that the charge would likely be an M1 and that the statute of limitations for M1 offenses is 2 years. However, you would need to show that the prosecution was not commenced during that 2 years. It is possible that the checkholder filed a complaint within that time, etc. Other factors could help or hurt that position, depending on what happened in the meantime.

So, the quick answer to your questions is "Yes" to both. But the unasked question as to whether or not the statute of limitations is a complete defense cannot be answered. As you may know, M1 offenses carry a potential penalty of up to 6 months in custody and a fine of up to $1000. You should seek compitent legal counsel to assist you on going forward with this.

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Answered on 6/20/02, 11:02 am


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