An individual brought a case to me alleging that a sister forged her brothers name to some real property in 1980 (2 years after he passed away).

After reviewing CCP 12.01(2)(C) it appears as if prosecution may be barred by the statue of limitations.

Logic would dictate the statute of limitations should not run until the date the fraud/forgery was discovered, but that is not the way I read this.

Is it barred?

Thanks,

John

agree....disagree.....anyone?

I'm not aware of anything that helps you out here. Possibly a civil suit though?

quote:

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Originally posted by John L. Pool:

Logic would dictate the statute of limitations should not run until the date the fraud/forgery was discovered, but that is not the way I read this.

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Since when does logic apply to the criminal law?

I don't know of an exception off hand, sorry.

Has the perpetrator been absent from the state since 1980, say for 16 years or so? This might extend your time to file per Art. 12.05.

Thanks for the replies. He may have a civil suit, if he even has standing.

I just wanted to double check because he allegedly went "DA Shopping" and another DA told him it was within the statute of limitations and I could file it.

Thanks!

John