Expert: Robin Sexton - 7/23/2009

Question
QUESTION: what is the charge for writing hot checks and what is the statute of limitations for that charge, also do warrants issued for writing hot checks go away when the statutes are up? (in Texas). also how do you know if it a felony are not?

ANSWER: Emma,

First slang varies from region to region.  To me hot checks implies stolen checks.  In most jurisdictions stolen checks would be a felony as it implies forgery.  It may be based on the number of checks written or the amount but normally in forgery they are all felonies.  Statute of limitation begins at the time of the offence and continues until an arrest or warrants are issued. which ever comes first.  Each state has differing statutes of limitation for different crimes.  Most felonies are over 1 year and go for 5- 7 years.  Some states have no statutes on any felony.   After the warrant is issued the warrant can stay valid for many, many years.  Some states and jurisdiction may recall warrants after review based on certain criteria.  However i have seen warrants for some pretty minor felonies last for 10 years or better.  The determination as to a charge being a felony or something else is defined in that states statutes.  For example in Michigan writing a stolen check is called Uttering and Publishing and is a 14 year felony.  In Michigan any crime over a maximum one year jail sentence is classified as a felony.

hope that helped, if you have further please repost

good luck

robin

---------- FOLLOW-UP ----------

QUESTION: When i asked about hot checks i was talking about checks written on your own account that had no funds to cover them.  In 2002 some checks were written and never paid then in 2008 warrants were issued (I believe thats when they were issued).  How can you find out when the warrants were issued. The checks were written for about one to five hundred dollars.  So what is the statue of limitation in Texas for that charge.  Also can warrants be issued six years after the checks were written.

ANSWER: Emma,

Leave it to Texas to come up with a new definition for hot checks.  Did a little research and came across the following link that does an excellent job of telling someone how to handle this type of problem and the law in Texas.  This should answer your question.  Regarding the statute of limitations on this.  Misdemeanor are only a couple of years however taking 6 years to file a complaint is very odd in a check case.  I presume both the prosecutors office and the court are aware of the limitations so would not have issued a complaint and warrant outside of those times.  Hopefully this link will get you started getting this resolved.

http://www.jcopelandlaw.com/criminal-defense/austin-hot-check-lawyer.html


good luck


robin

---------- FOLLOW-UP ----------

QUESTION: if the statute of limitations is up on writing hot checks in two years then why is the warrant still in effect after six years?  And if they arrest you on the warrant do you still have to pay the checks that were insufficient.

Answer
Emma,

The statute of limitations deals with the time from  the incident to the time the government has to file charges.  Once charges are filed and warrant issued statutes of limitations are no longer the issue.  The issue is the "life of the warrant"  which can be for many many years.  If arrested and convicted the court can certainly order restitution and other fees and costs.

Robin