I need REAL legal guidance...

[XJ4IV]

I was arrested three nights ago for theft by check with a warrant issued in 2007. the amount was misdemeanor 50-500 I have a few other questions:
I dont recall EVER writing a check to this nature and I dont typically write checks so this would DEFINITELY spark a memory for me

I was never mirandized for the arrest but Im also curious since the alleged offense occured several years prior is that not really an issue?

I found on a website that the statute of limitations in Tx for theft by check under 1500$ is two years UNLESS the crime included a violent crime... Im not a violent person so THAT is not an issue either.

Im not saying 100% that I didnt do it but I am saying that 100% I dont recall doing that and I have a feeling that the issue is with my ex wife, When we split up in 2005 I took my name off our bank account as she has issues with money appropriation, WHEN i removed my name from the account she was overdrawn by 638 dollars.
sooooo I had that hanging over my head. I think she may have written a check where my name was still on the checks and originally the account was in my name ONLY before we got married.... sooo PLEASE let me know what I can do BESIDES the obvious of getting a lawyer which I ALREADY intend on doing Im no fool!!!

Also I found this site

http://www.ehow.com/about_6465096_bad-statute-limitations-state-texas.html

[bluedragon436]

Well I would def. try and find out where said check was written... and that will probably help as far as identifying if you had written it or your ex. at least if nothing else then you can work with that, not to mention you can get in touch with the PD and see if they have the check or at least a copy of it... hell you should even be able to get in touch with your bank, because they should have a copy of it, and even though you name isn't on the account anymore, as it resulted in you having a warrant for it... you should have access to that check... because if it isn't signed by you than you should be able to get it thrown out... at least for your charges... they should go after her then... another thing I would look into is finding out when it was used... if it was after you were no longer on the account then they can't charge you for it either...

[cantab27]

ya going to jail mate ...........better make a run for and come down here scott //,, and dont forget ya steering wheel ........

[XJ4IV]

ya going to jail mate ...........better make a run for and come down here scott //,, and dont forget ya steering wheel ........

lol Nahhhhh I already spent the night in jail for it... LITERALLY I was tossed in at 9p.m. and the wifey sprung me at 5:00 a.m.
Not the first overnighter... but DEFINITELY never thought Id do an overnighter for something I really didnt do

[XJ4IV]

and IF I did make a run for it I woldnt need my steering wheel... as it would be attached to my jeep which would be attached to my right foot LOL redneck escape pod

[ice_cold]

I agree with blue on this one. Alot of what will happen is dependent on the time line involved...also, if its you signature on the check. Lots of ways to verify that its yours or someone "posing" as you.

[XJ4IV]

I agree with blue on this one. Alot of what will happen is dependent on the time line involved...also, if its you signature on the check. Lots of ways to verify that its yours or someone "posing" as you.

I seriously dont recall doing this check, over the past few years I had training in check fraud investigations ... Im a private Investigator on the side and I used to be in Corporate Loss prevention for GAP inc. so I now what to look for in a fraud or forged check... and MY signature... good freakin luck forging that! I cant even do that LOL

[Tural]

here are a few discrepancies.
if you were the primary account holder, you can't just take your name off of a joint account. you have to close it.
even if you were to be able to take your name off, no bank will let you do that if the account is overdrawn.
i'm guessing your name never came off the account, and even if your ex-wife did it, you will be responsible for it along with your ex-wife. like you already said, i'd just start looking into finding a good lawyer.

[Jamie Lynn]

I was arrested three nights ago for theft by check with a warrant issued in 2007. the amount was misdemeanor 50-500 I have a few other questions:
I dont recall EVER writing a check to this nature and I dont typically write checks so this would DEFINITELY spark a memory for me

I was never mirandized for the arrest but Im also curious since the alleged offense occured several years prior is that not really an issue?

I found on a website that the statute of limitations in Tx for theft by check under 1500$ is two years UNLESS the crime included a violent crime... Im not a violent person so THAT is not an issue either.

Im not saying 100% that I didnt do it but I am saying that 100% I dont recall doing that and I have a feeling that the issue is with my ex wife, When we split up in 2005 I took my name off our bank account as she has issues with money appropriation, WHEN i removed my name from the account she was overdrawn by 638 dollars.
sooooo I had that hanging over my head. I think she may have written a check where my name was still on the checks and originally the account was in my name ONLY before we got married.... sooo PLEASE let me know what I can do BESIDES the obvious of getting a lawyer which I ALREADY intend on doing Im no fool!!!

Also I found this site

http://www.ehow.com/about_6465096_bad-statute-limitations-state-texas.html

Ok, I know in PA you don't have to have your Miranda rights given to you if they are only picking you up on a warrant and holding you over night..They only read you your rights if they are charging you with something..seeing how it looks like they were more worried about picking you up for a warrant..that was their main concern. I don't know how Tx works but that is how it works here in Pa.

I hope everything works out for you in the end..I know my older brother went through this crap with one of his ex wives..best of luck for you.