OT- Statute of limitations question

[vermonthorseplayer]

Maybe you guys can help as this has me baffled. I ran into a friend last night who i had not seen in about 9 years. He had gotten in trouble with the law in 1997 because he used a family member's info to get credit cards. The only way the credit card companies would take it off their records was if his dad pressed charges. They did.
We got to talking where he had been and he told me that he left the state and had been working off the books in California. Since more then 7 years had passed he said that he could not be prosecuted for it because the statute of limitations.
Is that correct? I have really no working knowledge of the law but find it hard to believe that someone can break the law (outside of killing) lay low and get away with it after 5-7 years.Can anyone with law knowledge confirm this?
Only in America!

 

[dmmd98]

Well in most area's your credit only goes back to 7 years so if anything bad happen 7+ years ago would just now be removed from your credit report so his story doesn't seem to be an outright lie.

 

[Whoson1st]

I can't understand from your post exactly what the guy did. Did he charge something on a credit card that was NOT his and refuse to pay it? Seems their would have been a judgement against him somewhere along the line (that has never been resolved) and if so--I don't think 7 yrs means anything. Don't know.

 

[quantumleap]

Each state's laws are different so I would check with a lawyer if anyone really wanted to be sure. It sounds like you only want a guideline though. The statute of limitations expires a certain amount of time from the time the police would reasonably know that a crime had possibly been committed. In some crimes it's 3 years. In others it's 7 years. There is no statute of limitations for murder.

 

[vermonthorseplayer]

I can't understand from your post exactly what the guy did. Did he charge something on a credit card that was NOT his and refuse to pay it? Seems their would have been a judgement against him somewhere along the line (that has never been resolved) and if so--I don't think 7 yrs means anything. Don't know.

No, he used a family members social security number and info to obtain about $40,000 in credit cards. In order for the credit card companies to take it off the parent's record they required them to file a criminal complaint. That was 9 years ago

 

[Seymour]

The statute of limitations for the state to file a credit card forgery/fraud, etc., has probably run if they never filed any charges - I do not know how long they state is required to file a case - now if they filed criminal charges and your buddy took off and has no idea that they charged him with a crime then nothing has run - he has been evading his case and will most likely be picked up when he gets a traffic ticket in another state.

 

[ppeter]

SOL for BRINGING (not concluding) criminal fraud actions is typically 3 years.

SOL for bringing civil fraud actions is typically 6 years.

He is probably safe.

The reason statutes of limitations exist "only in america" is because of various constitutional rights (right to face accuser, right to speedy trial, etc.). The more time passes, the less likely witnesses' memories are reliable, witnesses can be located, etc.

 

[daringly]

If your friend was charged with a crime, and then fled the jurisdiction, the statute is tolled until he is caught/turns himself in. Did he flee?

 

[ppeter]

If your friend was charged with a crime, and then fled the jurisdiction, the statute is tolled until he is caught/turns himself in. Did he flee?

SOL is only tolled if he fled AFTER charges were brought.

 

[Whoson1st]

I totally agree with the post by daringly. He is in the know about things of this nature.

 

[vermonthorseplayer]

He was never arrested or questioned about it as he left before he could be. He does know that a criminal complaint was filed against him. I guess from what i have read here is that he is still in trouble. I knew it sounded to easy for him. I will have to burst his bubble and let him know that the stautes don't help him here even if he gets picked up in 10 years.

 

[vermonthorseplayer]

Btw, How does one check for active arrest warrants?

 

[silver7]

To Start

Go to any good sized library and they`ll have the statutes that pertain to the st. you`re in. Easy to look up. There IS a statute of limitation for everything, EXCEPT homicide! In Mn for CC fraud it`s 3 yrs from the last dt of commission. Now if there`s an outstanding warrant that`s different, and he should contact an attorney. The SOL may apply there also. There are variables in every state.

 

[Seymour]

The time has probably run - your friend needs to find out of criminal charges were filed against him when he left - not being arrested means nothing.

 

[Dubpoet]

The Credit companies dont bother prosecuting. There may be a judgement. It was most likely for insurance to cover the debt. He never had to run.

 

[sean1]

If he stole $40000, tell him to talk to a lawyer!!!

States and the Feds all have different statutes of limitations.

He may be facing fraud charges in his state. He could also be facing Federal Bank Fraud charges.

Before I'd make any assumptions, I'd pony up $200-500 and talk to a criminal lawyer in that state.

Most likely the bank probably got a default judgement against him. At the very least, he should call the court in his county and find this out. If they did get a judgement against him, they can garnish his wages, put liens on property, empty bank accounts, etc...

I'm no lawyer. Go ask one if you want the real answer.

-Sean

 

[ppeter]

If a criminal complaint was filed within the SOL, then it is probably tolled even though he left the jurisdiction and there is an outstanding warrant for his arrest if he is ever picked up by any authority.

 

[Whoson1st]

Laws in various states can be as different as night from day. I would only ask an attorney (paying them the fee of course) IF they would put the answer in writing. They would be the first to ask anyone.......what does the lease or contract or divorce or will say? All in writing!!!!
Take the new law in the state of Washington as it pertains to gambling and compare that to other states.

 

[TrueAirgo]

I'm not much of a law professor, but doesn't the Statute of Limitation start from the day the authority files the warrant. It's up the the authorities to find you.