In general, the limitations period is the time within which the government may file criminal charges against a person. The SOL for felonies is different than that for misdemeanors. Furthermore, there are circumstances when the limitations period is not running . . . like when the accused person is absent from the state . . . or after a person is indicted and the indictment is pending. In Texas, the statute of limitations is governed by Article 12.01 et seq. of the Texas Code of Criminal Procedure. Following are some examples of limitations periods for common criminal charges in Texas.
There are no statutes of limitation for murder, manslaughter, and certain sexual crimes involving children. The limitations period is ten (10) years for certain theft cases involving real estate, theft by a public servant, forgery, injury to elderly or disabled persons, and sexual assaults not involving children.
For misapplication of fiduciary property, securing the execution of government documents by fraud, and identity theft the SOL is seven (7) years. For other theft charges, robbery, kidnapping, and burglary the limitations period is five (5) years. For all other felonies the SOL is three (3) years and for any misdemeanor the limitations period is two (2) years.
Finally, the day on which the offense was committed and the day on which an indictment or information was presented is excluded from the computation of time.
195 comments:
Bernie: Please contact law enforcement having jurisdiction over this alleged theft. They will investigate and present the case to the prosecutors to determine whether any action can be taken. Thanks for reading my blog.
If someone was arrested on a misdemeanor drug charge, then released on a pr bond but left the state for 5 years, is it still possible for that person to go to court?
If a misdemeanor complaint was filed in court before the statute of limitations (SOL) expired, then yes, the case is still "alive" and the prosecutor can pursue it. That decision would be based on other factors, as well, like the availability of witnesses, evidence preservation, etc. If an official charge (complaint) was not filed in court, and if the SOL has expired, then the State will have a difficult time prosecuting the case since the prosecution may be barred by the SOL.
Does the SOL still apply if a complaint was filed then the case was dismissed? In other words, can the State refile the same complaint more than 10 years later and not worry about the SOL because they filed one originally?
Each criminal case has it's statute of limitations. The filing of a complaint/indictment/etc. typically tolls the statute, depending on state law. That is, as long as the complaint is on file with the county clerk, the SOL is not running. If the complaint is dismissed, the SOL begins to run again. If the statute runs out before the government tries to re-file the case, the SOL should bar any further prosecution of the case. Please consult with a qualified criminal defense lawyer to discuss the specifics of your case.
So as an out-of-state student from TN, going to school I Houston tx, I was pulled over 35 time in 1 year by Harris co for no reason. Just for driving the car I did. Long story short on the last arrest I was forced down on the pavement for resisting arrest. The evading was dropped and my fine was 800.00. I returned home after graduating and -ever paid the fine.... is there a s.o.l. for this? What should I do to correct this? Thanx.....
If you were assessed a fine, you must pay the fine. The statute of limitations does not effect a charge for which you already plead guilty, or not contest.
If spousal rape occured for 2 yrs with no criminal charge filed, but divorce court issued protective order against rapist, & therapy / medication records exist for treatment of victim, can charges still be filed within the 10 yr SOL? Or does SOL only apply from the date charges are actually filed with law enforcement?
The statute of limitations for any particular criminal offense typically begins on the day of the alleged criminal act. If the SOL has not expired on a particular offense, the case can be prosecuted within the exclusive discretion of the State prosecutor.
What is the statute of limitations defense against an exwife that sues for post divorce division of property nine years later, arguing that she never received what was due to her in the divorce decree.
Sir. You need to consult a divorce attorney in the state having jurisdiction over this matter. Thank you for writing.
Thank you for your prompt response. Allow me to clarify..The exwife is suing in Texas for property that was once owed in Texas. The property was sold five years after the divorce.
I was arrested in TX for resisting arrest (class A) and marijuana (class B), I went to both arraignments and pled not guilty. I did not go to trial. Does the SOL apply to this? Can I not be prosecuted after 2 years of the incident or my court date?
I was arrested for(an bailed out)a class b misdemeanor theft in august 2008. I committed this crime in early 2007. So it's been 3 years since I did crime and 2years since I bailed out. Still nothing. Does s.o.l. apply?
If i signed for 6 years probation for aggravated assault in travis county in 2005. And i absconded in 2010 does the statue of limitation still in effect? if so when or how long?
Hello, I need some clarification. I had two checks stolen, and written in Sept. 2008. The county attorney contacted me in March 2010. I have refused to pay them, and in the meantime they have filed a warrant, for a Class B Misdemeanor. I was told there was a two year SOL. Can I get this dismissed or can they still try to prosecute me?
say I was a meth buyer and have been clean for 4 months and am on felony probation for fraud would it seem fessible for the da of a big city to tell someone that has other charges against them that they would be building a case against me? ive been freaking out about this for along time just looking for peace of mind
According to an attorney's office who has been retained by the City of Dallas, they are attempting to collect on a fine for a traffic citation issued in 2004. Is there a statute of limitations on the attempt to collect on the fine?
My father just got sentenced to Life in Prison for agg.sex.ass.my step sister put the charges against him on Dec 12 2008..we hired an attorney and she did not represent him good..had him to pled guilty when he wasnt.my step sister said he did this to her from the age of 5-22..but yes she didnt file this till after her 28th birthday.i have read many pages and Statute of Limitaions ran out on Nov 8 2008 which was her 28th birthday..but we were denied a new trail..what can i do to show the TEXAS STATUTE OF LIMITATION RAN OUT ,help.i have put in for an APPEAL..what is next my dad is 61 and not in good health
The city of Austin has a code enforcement department. we recieved a notice of violation for building without a permit for things that were done before we owned the home,a carpoprt that was installed in 1983 and a garage conversion from 1969. The city states they have no record of a permit for either and are threatening to file Misdeminor charges aginst us if we do not run down and get a building permit.
Does the SOL of 2 years apply here?
Probably. I'd talk to a local defense lawyer who can examine the code and alleged violations to determine what SOL applies, whether it has expired, or whether it has been "tolled" until the present. Good luck.
I had two drug felony charges back in 2008 and everytime I called my lawyer he said case was still pending and they were checking evidence. does the statute of limitations apply to my case?
Thanks for writing. The statute of limitations (SOL) applies to most criminal cases. Whether your case can benefit from the SOL depends on many factors, the most important of which is whether an indictment was ever filed. Any indictment will "toll" the SOL from running and keep your case "alive" indefinitely. There may be other legal issues, like your constitutional right to speedy trial, in play. But the best person to ask is your lawyer. They will know the facts better than me and they'll be able to more precisely answer your questions.
I purchased and used work supplies without notifying my supervisor. She found out and I admitted to the supplies that I had used, which totaled approx $20-25. She then questioned some other supplies and said I had also taken those. I did not take them but I do not have proof to show her otherwise. She gave me a choice to quit or be terminated. I have worked for this company for a long time and this was the only instance this happened. My concern is: now that I have quit, can she still proceed with the investigation and file charges and if so, what kind of charges should I expect?
Anon: Yes, your supervisor can still file charges with the police. From the facts you described, my educated guess on the charges would be theft. But there might be others, depending upon the facts of the case. Please remember that EVERYTHING you say, to ANYONE (except your lawyer) can be used by the prosecution to prove the charges against you.
hello ,
I got charge with a theft 1500 in dallas county in 2000. I served a 3 yr probation and it was regular probation that i was given. I completed probation and have not been in any trouble since. i plead guilty for that charge and i do kow im not able to expunge. What are my options. Is there a statue of limitaion >? plz help
wouldn't u:
Assuming your probation resulted in a conviction, your only option is to apply for a pardon, obtain the pardon from the governor, and then apply for an expunction. Thank you for your question.
Hello,
I am curious regarding how the SOL applies to a certain case. The defendant was charged with Agg Assault w/A deadly weapon, and gave a statement indicating that he/she was acting under the "Good Samaritan Act". Again, there was a charge, then bond was posted, and it has been almost 2 1/2 years, and still there remains no further activity. How long must h/she wait before comfortably knowing that everything is "in the clear" regarding the SOL? Dallas County, TX. Thanks!
The SOL for aggravated assault in Texas is three (3) years from the date of the commission of the offense. Generally, an indictment/information/complaint must be filed within the SOL, or the filing is barred. There are occasionally exceptions to this general rule. Thanks for posting a comment.
Dallas County TX Court records show I was charged with Fraud Use/Possession of Identifying Information Sept 2005 (and I KNOW I dont possess anything at all)..there was a series of me going back and forth to court. And in the end my atty would go to court instead of me having to. The last time I went to court was sometime in mid-2006 and I think he was trying to get the charge dismissed but what's odd is that the case is still showing pending after all these years! I would like to know what I can do to get my life back. I've never been in any trouble in my life. Can this be thrown out or expire? Please help!!
WE OWNED A PROPERTY IN HOUSTON UNDER AN OUT OF STATE LLC. WHEN SOLD, CERTAIN MONIES WERE RELEASED WITH THE SALES AGREEMENT FOR A REQUESTED MAINTENANCE PROVISION. THE NEW OWNERS KEPT THE SAME MANAGEMENT CO. WE HAD USED. NOW, SIX YEARS LATER, WE ARE BEING SUED ALONG WITH THE MANAGEMENT CO. FOR SOMEONE NOT USING THOSE FUNDS FOR THEIR INTENDED PURPOSE. CAN WE BE HELD RESPONSIBLE OR WILL THE SOL RELEASE US FROM HAVING ANY LIABILITY IN THE CASE.
Anonymous: You'll need to check with your attorney to determine the status of your Dallas County criminal matter. Thank you for commenting.
Bob:
You have described a civil matter, of which I know little. Your best course of action would be to contact and consult with a lawyer well versed in civil matters. Nonetheless, thank you for leaving a comment.
Good Morning.
I had a Felony case of Injury to Minor against me 12 yrs ago. as it was my First offence i got 1 yr Probation, did community service, it is all cleared. it happened in the years i had a job which i had for the next 10 yrs. now I don't and i am in the process of Getting a New Job. will it show up in a back ground check. will it effect my ability to get a good job.
Rick
Our daughter was accused by someone of food stamp fraud but never received the food stamps at that time. The complaint was filed in 4/08 stating SEDD 1,500. It has just been filed with the court on 08/26/11. On 8/12/11 it went to the Grand Jury without her knowlege and was Disposed as NBIL.How do we help her get that off her record. It shows up under Criminal background check.
Rick: If you never got the records expunged or sealed, then I would expect the records to show-up somewhere. Whether it affects your ability to get a job will depend upon the potential employer and how they view such matters. Thanks for commenting, though.
Anon: It appears the case was "no-billed" by the grand jury. Assuming the prosecutors do not present it to a subsequent grand jury for indictment, your daughter may be eligible to get the arrest records expunged after the statute of limitations expires on the particular charge. I'd confer with a criminal defense lawyer in your community to get a better idea when a petition for expungement might be filed. Thanks for your question.
If a man took a plea of a burglary of a home, But really it was not him, but a close friend, The reason he took the plea is because of an oath of we don't snitch, But later in his life has endured not being able to get a good job, or join the army because of the offense, and now wants the friend to make it right, what can be done, and what are the possible consequences of such
Anon: I doubt anything can be done. The person who took the plea, entered a plea of guilty, in open court, and voluntarily. Probably cannot undo what has already been done.
If 15 years ago I had several returned checks in TX that went to the Justice of the Peace and the County Attorney and worked on paying off those checks but did not finish, what are the chances that they filed for a warrant? And would the statue of limitations apply now?
Contact the sheriff in the county in which this occurred. Ask them whether there is a warrant pending for your arrest. Please consult with a qualified criminal defense lawyer to investigate your options, including a claim the SOL has expired.
Anon
Apparently someone using my name and birthday got 3 tickets 18 years ago. I was contacted 3 months ago saying I owe $1400 because of these tickets. Problem is I moved out of state 2 years prior. The court sent me copies of the tickets and the address is unknown to me and the signature is not mine. 1st I want to know what is the S.O.L. for tickets and fines? 2nd how can I prove that the tickets were not issued to me without actual proof?
Hire an experienced and competent criminal defense lawyer in the community where these tickets occurred. Tell your lawyer to enter pleas of not guilty and set the tickets for for trial. Then see what your attorney can work out with the prosecutor.
If a shooting was determined to be accidental and the person who got shot dies 5 years later. Can charges still be brought against the other person involved?
Charges could possibly be filed. It depends upon many facts and circumstances which were not revealed in your comment. The decision would ultimately be upon the prosecutor in the particular jurisdictions.
My mother died due to medical negligence 18 yrs ago ....I was 10 yrs of age at the time and knew nothing of this matter...I am now 29 and just found these things out....am I able to pursue a lawsuit now since its new information to me?
I am reading through some of these ridiculous "what if" scenarios... LOL...!
I am somewhat confused because I tend to overthink things. If someone is formally charged, but not indicted, with a class A misdemeanor, is that when SOL begins? Or does that formal charge negate the statute? I read that it begins when a complaint is first made and I am not sure if "complaint" and "case" are one and the same in this instance.
When I was a teen, I was peer pressured into stealing internally from my workplace. I was suspended from work due to suspicion, but never decided to confess until now, 13 years later. Can my old employer still press charges?
The state can prosecute if the statute of limitations has not expired. I don't know enough about your situation to determine whether the SOL expired yet, or not. Please consult with a qualified criminal defense lawyer to help you answer your question more precisely.
Kilroy:
The statute of limitations begins at the moment an offense is committed. A person must be formally charged with the crime within the SOL time limits. When a person is formally charged, the SOL stops running. If the formal charge is dismissed, the SOL begins to run again until it expires. I hope this helps.
Anon: Please consult with a civil litigation attorney to determine if you can file a law suit. Thank you for your question.
I am an owner of a unit in a texas condo. Another homeowner illegally towed my car in sept 2008. (Only a member of the board of directors of the hoa can authorize such tows). I called the police and they accepted a charge of stolen vehicle. The president of the board of directors in 2008 refused to give me the identity of the person who had made the call to the towing company. Since then, the president had problems and resigned. That resigned president this past year finally verbally informed me the identity of the man who had called the towing company and had the car towed. I have not pursued the case, but would like to. In 2008, I did not pursue it because I had lost a child at the time this guy had my car towed, I was devestated at the time. I am now in much better position to handle pursuing this. The question is: is the statute of limitations on this matter up so that I cannot, or can I still press criminal charges against this guy. (This is not the only thing he has done, he has a long history of things against me, but he has always been such a coward that he normally gets another person to do his dirty work. In the car tow case, it appears the president told him she would not make the phone call to the tow compnay, so he did it himself. And he was not on the board of directors, making the tow illegal.
Thanks for any advice of the SOL.
I have a question In 1993 I had paid my court fes and fine in full in cash. since then I moved in 1993 to ohio . They are now saying I still owe 609.00 in which I have no reciept for due to it being over 19 years old . This was a minor misdiminor DUI what is the statue Of limitations on this . and why would persue this . I wont pay for it twice what can be done .
12 yrs ago charged with contributing to minors( college party). Charge was changed to littering and heard nothing else about the offense. Since then been mobilized for homeland security, deployed to Iraq, and even issued a CCDW permit. I recently pawned a firearm, went to get it back and was denied. Received a letter to surrender ccdw. Reason of denial stems from charges 12 yrs ago. Please help.
Just curious I got put on two years misdemeanor probation back in 2004 for weed charge but been out of state since 2012 does sol work for my case it happen in texarkana texas
Anon:
Nope. The statute of limitations does not apply to your case anymore. As long as the state filed within the SOL, the prosecution is not barred for the SOL.
You may be eligible for an expungement of your contributing alcohol to a minor arrest if a final conviction never occurred. Please contact a qualified criminal defense lawyer in the area to discuss this issue in more detail.
I am being charged with food stamp fraud that is dating back from 2005 because I failed to report that I had a felony conviction in 2000.the case has just shown up 2/8/12 in the DA office. I have not been indicted yet.has the statue of limitations ran out yet.This is in Texas in Ector county. Your opinion please.
Please hire a qualified criminal defense lawyer in your jurisdiction to evaluate this matter for you. Thank you for commenting.
i was just wondering i got arrested about 4 years ago for possession of a controlled substance getting close to 4 years ago... i was in jail for a day and bonded out i never went to cort or anything yet but i still have to call and check in.. is there anything i can do about this since its past the 3 years or do i just ride it out?
I've been on probation for maybe 4 yrs without reporting but I've been in no trouble but this is what I want to know why hasn't there a hold on my name when I served for traffic tickets(it is felony probation)does (sol)apply to my situation?
I was arrested and bailed out july 3 years ago for distribution of pot my lawyer and my bail bonds have tried and can no longer find a case number out anything does the 3 years apply to me?
In 2005 I wrote a confession of theft for an employer. I was laid off because of it and am wondering can it come back to haunt me. I am now applying for a position with a police force. I am not sure if any formal charges were brought up against me. I have not heard of anything relating to this matter. Is there a way I can find out. I am in Texas. Thanks.
stephen,
I got arrested for felony 3 impediment of breath. bogus charge. I was going to to apply to medschool in May. Not any more.No matter what i Cannot have anything on my record to get in. I want to apply in the future. If not i will be devastated. What exact possible outcomes of this case can I achieve for to get this off my record completely. so I can move on with my life?
thankyou
I just found out that I have a warrant for my arrest because of some "hot-checks" written in July and August 2001. I know the statute of limitations on check fraud is 2 years for amounts less than 1500.00. The total face value of the checks I am being accused of writing is less than 400.00 total. I have been told by the district attorney my cost will be nearly 1400.00. Being that it was over a decade ago, I have no record or memory with which to defend myself. Do I have any recourse? According to the district attorney this took place in Abilene, Texas. I currently live in Anchorage, Alaska, and have for the past 11 years. The warrant was issued in January 2002. Do I have any choice but to pay the penalties?
My son was indicted of a felony he did not commit 3 years ago; everytime we go to court it is reset; he's been on a monitor for 3 years now and still nothing. The prosecution simply does not have any evidence what can we do a d does SOL apply? He is not allowed to go anywhere but to check in with his probation officer; we have paid his attorney over 15k but he has done nothing.
I committed a class A theft four years ago but was never taking to jail. I was never been to court nor even given a ticket but it shows up when i apply for jobs what should i do???
In 2004 I was cought stealing and put on probation in Texas. I eventually left the state and been in California for over 5 yrs. Justlast week I received a letter from Texas stating I have abscounded and need to return to texas to handle this legal matter. My question is , after more than 8 years later why barely now are they contacting me? Does Sol affect this? And yes there's more, I am currently on probation here in California and have notified my po of this matter. Please advise. Thank you for your time.
In the state of TX if a attempt murder charge was made in 1995, is there a statutory limitation? 16 yrs. Later can the DA still prosecute?
Pursuant to Article 12.03 of the Texas Code of Criminal Procedure, there is NO statute of limitations for murder or attempted murder.
If a person leaves Texas during the running of the Statute of Limitations (SOL), the SOL stops running. That is called "tolling of the statute."
If your theft case was never prosecuted, you may be eligible for an expungement of those records. Please contact a qualified criminal defense lawyer in your area and discuss this important issue with them.
About 20 years ago my friend and I were at his house alone. We were both going throught that "stage" and started talking about girls and things like that. We later started to masterbate in the same roome. He was 1 years younger then me. I was 14 and he was 13. We did not touch each, other, kiss, no penatration, no threats, no Anal activity, no oral activity. Nothing like that.. At all... Again this was 20 years ago. Is this something that could be looked at as doing something to a mInor? Is there a sol in this case? I looked up what the classifications are but every thing listed we did not do. This happened 1 time.
Your best course of action is to exercise your right to remain silent and never speak of this incident again. There are certain offenses that have no statute of limitations, and the facts you described may contain one, or more, of them. Don't make statements that incriminate yourself. Remain silent and request a lawyer if you are ever asked about it. This is a very conservative approach, but legally sound.
Is there a SOL between time of indictment and arraignment? I was charged with POCS in 2006 and was recently arraigned in March of 2012. Is this a civil rights violation, and can I file for a motion to dismiss based on the amount of time between arraignment and indictment?
Mr. Davis: Thank you for your question. In fact, upon indictment the SOL stopped running, provided the case was indicted before the SOL expired. Any delay between indictment and arraignment may implicate speedy trial rights. Please consult with your attorney to resolve this matter and better understand the issues involved. Depending upon the circumstances, you may have a constitutional claim on this basis.
In July 2010 I was terminated from my job as a teller. Reason being a shortage of 20,000 dollars but was never prosecuted or indicted for it. Cameras 6 cameras looking at me show no tampering on my part, but 5 other people had access to the vault. I was the main money controller, does the institution still have the right to prosecute?
If the prosecutor can prove you took the money without the consent of the owner, yes you can still be prosecuted.
I just received a letter in the mail today from Deaf Smith County (Hereford TX) stating that I have an "Outstanding Warrant" for the offense of Theft by Check. I called the number on the letter since i do not recall writing a check that would become an issue. The person on the line stated I had written two checks in 1995 totaling $89.67. I asked for a copy of the checks and they offered to fax it to me. I do not recall having issues with checks. I used to live there in Hereford, TX. She stated the warrant is active and stated that if I didn't pay they would arrest me in El Paso, TX. I asked if the warrant was active, then why I was not arrested when I was pulled over for speeding a few years ago. Is there a statute e of limitations and what should I do?
I just received a letter in the mail today from Deaf Smith County (Hereford TX) stating that I have an "Outstanding Warrant" for the offense of Theft by Check. I called the number on the letter since i do not recall writing a check that would become an issue. The person on the line stated I had written two checks in 1995 totaling $89.67. I asked for a copy of the checks and they offered to fax it to me. I do not recall having issues with checks. I used to live there in Hereford, TX. She stated the warrant is active and stated that if I didn't pay they would arrest me in El Paso, TX. I asked if the warrant was active, then why I was not arrested when I was pulled over for speeding a few years ago. Is there a statute e of limitations and what should I do?
JRM: You need to contact a qualified criminal defense lawyer in that local area to assist you. After investigating the facts of your case, your attorney should be able to answer your question about the statute of limitations. I do not have enough facts to answer your question with precision.
1)Generally how long does it take to issue a warrant once the state has filed an information? I was just arrested for a class B misdemeanor warrant stemming from an incident in Sep 2009. Less than 6 months ago I received a traffic violation in the same county from the sherrif and wasnt arrested when they ran my license hence I tend to think the warrant was recently issued. 2) If an arrest warrant is issued/served on a case that has exceeded the SoI is that grounds for civil recourse? Thanks for a very informative site.
Typically, prosecutors issue arrest warrants before an information is filed, but not always. Additionally, if an information was filed anytime before the statute of limitation (SOL) expired, the SOL stops running. In other words, the SOL is tolled upon the filing of an information. The fact the police did not pick up an arrest warrant during a traffic stop is not uncommon. I've seen it before. Your best course of action is to hire a qualified criminal defense lawyer immediately. Deactivate your social Internet accounts, like Facebook and MySpace. Speak to NO ONE about your case, except your lawyer.
GOT A MUNICIPAL COURT NOTICE TODAY 15 YEARS LATER THAT I OWE FOR A TICKET... IM CONFUSED>? IVE LVIED HERE THE LAST 15 YEARS AND HAVE HEARD NOTHING ABOUT THIS.. ANY RECOURSE?
If the ticket was filed within the statute of limitations, then you have no SOL argument. However, there may be other issues in play, like the right to a speed trial. But only a lawyer can tell. Hire a qualified lawyer if you want this issue fully investigated.
My granddaughter hired a wedding consultant and entered into a contract. she has given the consultant a few thousand dollars and the consultant says she has hired entertainment, and paid for other deposits, etc. But, will not tell my granddaughter the names of the people or places she's contracted. My granddaughter looked up her past and she has done this to many different people. One lady sued her and won, but it's a judgement and the consultant simply did not pay. Can my granddaughter sue criminally under misuse of fiduciary property and ask the other brides who were stolen from to join the suit? Does this fall under the 7 year SOL, misuse of fiduciary property ? Thank you.
Lawsuits for damages are not a criminal matter. If your granddaughter wants to consider filing criminal charges, she needs to contact the local police and make a report. The prosecutor will make the decision whether the statute of limitations bars any prosecution. Thanks for writing.
A certain person has been threatening for the past year to accuse my husband of sexually abusing her 9 year old son back in 1994. My husband was 16 years old at the time, and this is ABSOLUTELY UNTRUE. THERE IS NO DNA, OR ANY OTHER KIND OF EVIDENCE. I'm just wondering if they can actually take this to court after so much time has passed. According to my own research, it looks like the statute of limitations for this type of accusation would expire 10 years after the alleged victims 18th birthday. Is this correct, or was the law different 18 years ago?
Only a qualified criminal defense lawyer can answer your question AFTER an investigation into the alleged facts of this case. I recommend your husband ABSOLUTELY remain silent about this issue and speak with a qualified lawyer. The easiest way for a prosecutor to win a case is using the accused person's own words. Please have your husband speak with a lawyer.
I don't know if anyone reads this any more, but here's the situation.
I was charged with burglary of a building, pleaded guilty, and was sentenced to 3 years deferred adjudication, most of which I completed.
My Probation officer then retired, and I was never contate or re-assigned. 6 years have passed since then, with no notifications from the city, no visits from police officers, nothing. The charge is still there, as well as an active warrant. I plan on paying the remaining sum of my fines (Something paltry, around 400$) , but I have no idea how to handle this without contacting law enforcement and putting my livelihood in peril (I have a wife and children now).
This happened when I was 18 years old... I do not want to pay for something I've already suffered through once.
Any help would be appreciated.
You need to contact a qualified criminal defense lawyer to assist you. With their help, you can take all the steps possible to improve your position in this matter. I can only speculate on possible outcomes, and that does not help you. Hiring an attorney is the best solution. Good luck.
How does the statute of limitations apply if an employer has surveillance of employees taking money from the register(probably less than 50-100 from several employees); this was back in 2008 and all those employees already left since 2008. Can the videos be used as evidence to still bring a case to prosecute them in 2012? Or can there be no case since it was 5 years ago and the SOL time has expired? There was never a case filed in 2008 against them.
The state must file an indictment within the statute of limitations. Some factors may "toll" the statute of limitations, but only a qualified criminal defense lawyer familiar with the facts of this case can tell you for sure.
Stephen,
Your blog has been helpful as I research some things on SOL in Texas. A buddy and I broke into a grocery store and stole some beer about 14 years ago. Since then I have turned my life around. I want to contact the store to pay for damages and "make amends" but am concerned that they could still prosecute. From an initial study of this, it seems time is on my side and the SOL has expired. Any help would be greatly appreciated.
My 17 year old son was charged with misdemanor charges of poss less than 2 oz in texas. We do not live in Texas, he is considered a minor in our state. I called the clerk, among others, to find out what to do. They claimed his name was not in the system. We only had 20 days to get deferred disposition and i called and called. Now 4 months later, I get an order for him to appear. This does not seem right, nor can he miss high school classes and pay travel expenses for him to return. He was charged with poss of something in another persons car, a person he barely knew because his car broke down. The officers only spoke Spanish amd my child does not speak amy spanish. I feel i need to file charges disputing this arrest, No attorney in Texas will touch it with us being so far away. With this minor of a charge, is he better off just not going? They already have my bond money. Amd they shouldnt have that. When he turns 18 will it be filed away, just lime it happens in our state? Or will it remain open?
Deferred adjucation is such BS! You need to file a
Motion to have have your case closed. Try that beforee you spend money on an attorney. You cam file it at county clerks office and not deal with any officers.
That is a problem for everyone who does deferred adjucation, not just those whose probation officer quits. Its a way for the state to make even more money, after u habe paid them a fortune
My ex husband has a misdameor warrant for back child support in the amount of over 68,00.00. I just got off the phone with the county that has the warrant and they have said they can not arrest him if he is in the house and they say he is not. The only way they could do so is if it was a felony warrant. I am wanting to know can I file a felony warrant for him even if the AG has the warrant?
Thanks
Only the police/prosecutors can control the type of warrant issued for someone. If the charge is for a misdemeanor, then a misdemeanor warrant will issue. The same is true for a felony.
If your son has a pending criminal case in Texas, I recommend finding a qualified criminal defense lawyer willing to accept the case. Not going to court is NOT a good option.
Thank you for using my blog posts to help understand legal issue important to you. I would never advise someone to admit the commission of a crime. The SOL is tricky business. If you admitted guilty, and then found out the SOL had been "tolled," you'd be in serious trouble.
Hello, in 1996 i came out from california to visit family in el paso, tx where i grew up. I rented a car in el paso and got in a car accident for which i was not at fault and no known injuries. The cop gave me a ticket for not having insurance even tho i was in a rental and all rentals automatically have minimum liability. I had to go back to ca and a relative was supposed to go to court and tell them it was rental, the court said they could run the plates and tell if it was a rental, but my relative never went. I never paid because the cop was in error and i was not spending the money to pay an unlawful citation or to visit tx just to fix this. I have not been back to tx since because i think i have a warrant. is there a sol on the citation? Is there a sol on the warrant? will this show up on a background check if i still live in ca? Thx
Hi I am being charged with misdemeanor escape. It has been 14 years. What do I need to do to resolve this matter?
14 years ago I was charged with misdemeanor escape. What do I need to do to resolve this matter. Or is there a statute of limitations on this charge?
also, how do i get the citation cleared w/o paying it. One lawyer i consulted who was supposed to clear it said to just pay it, even tho im innocent. (i dont have any paperwork on this stuff either) Thank you
What is the statues of limitations in texas for a bad check amount under $50, also what is the statue of limitations for the warrant to be issued for that check? I found out by getting a traffic speed warning i had a warrant. The check itself was written over 20 yrs ago, however the warrant wasnt issued until December 2012, some 20 years later. The arresting officer couldnt get verification from issuing county, they had no hard copy. So the officer kindly let me go, considering the statue had long run out on the check some 17 yrs before the warrant was even issued in 2012. I know once a warrant is issued there is no statues of limitations on warrants, but my concern is wasnt the SOL time already in effect before warrant was even issued?
Any help you can offer is apreciated.
I am afraid to call for fear of being arrested.
thank you,
"Running scared"
I was arrested in july of 2008 and charged with domestic violence, which was a result of not giving my side of the story to an investigator. I received a fine and differed judacation. I have check the state registry and there is nothing there. in august of 2012 my wife and I were arguing in the yard and the police were called. due to a skin condition the officer thought I had strangled her and was arrested. Is there a staute of limitations on the prior? I ask because the DA may drop the charges and file new ones based on the 2008 arrest.
In july of 2008 I was arrested when I didn't followup with an investigation to an outdoor arguement with my wife. I received a misdemeanor and differed judacation. August 2012 again my wife and I were co-combatants in an arguement. I was bleeding and she didn't have a scratch. But due to a skin condition she has she get splotchy, which she explaind to officers. The officers arrested me and I was charged with felony assault by stranglation. My wife has told them as well as witnesses that I didn't. The DA has mentioned that they may drop this charge and file another based on the prior. is there SOL on the misdemeanor.
I was charged but released without being arrested for theft as class b misdemeanor. The officer says he is filing a warrant. How long do i have before its an active warrant and is there a time limit he has to file charges?
Mr. Paris: There is a statute of limitations for most criminal offenses. For misdemeanors the statute is 2 years from the date of offense. Some things toll the statute, so I cannot say exactly when the statute expires in your case without investigating the facts myself.
An officer interested in obtaining a warrant for your arrest does not have a deadline for obtaining the warrant. However, there are other deadlines (like the SOL) that encourage officers to get their work done more quickly. It is hard to say how long it will take in your case, unfortunately. Weeks or even months. It is out of your control.
Charges have been filed & a warrant has been issued at $0. It is a felony charge which falls under the 3 year SOL, from my understanding. I've hired legal representation. My main question is, if Im in Texas for those 3 years & never arrested, once the 3 years pass, are my charges dropped? Due to the SOL on this case.
How does this work with the warrant & charge after the 3 years are up? If I've never been in custody or questioned?
Something that ive been concerned about.
I really appreciate your time, it would help alot.
Thank you.
My brother was charged with felony aggravated robbery. The incident happened may 2000. The warrant was issued December 2000. My brother has been in jail since November 2000 in TDCJ custody. He is scheduled for release April 2013. Dallas County put a detainer on him for the December 2000 warrant. Can they do that? Doesn't he have the right to a fast and speedy trial? It's been 13 years.
If you've hired legal counsel, please direct your questions to your lawyer. They are in a better position to answer questions with precise and accurate answers.
If your brother was actually indicted for the robbery within the statute of limitations, the SOL does not help him. There may be other issues, like speedy trial, that might be in play. The important thing to understand is that those issues are different, although related. A qualified criminal defense lawyer can help your brother.
I just recived a notice from a third party law firm stating i had a ticket from 05 for walking on a highway/ road with no sidewalk. Its asking me to enter a plea. From 8 years ago. Im i obligated to pay this?
I got a ticket when I was 16 (2002) for passing a school bus. I just got a hearing notice in juvenile court for 06/21/2013. What is the statute of limitations for juvenile moving violations? And do I have the right to "discovery" in juvenile court? Can I call to get a copy of the filed complaint?
If i have a warrant in lubbock county for misdemeanor theft less than $500 (not sure which class) and the "theft" occured May 2011 is the SOL up as of 6/1/13? I unkowingly bought a stolen product from someone and ended up selling it because i needed money for bills. Not sure if a warrant tolls the SOL. They can't give me any info over the phone at all and I live 300miles away and work 6days a week so its hard trying to get over there.
At the age of 17 I was involved in an altercation with an older woman , at the age of 19 I was charged. I was never informed of a court date, actually found out about the charge when I was arrested for a traffic warrant. Is there anything I can do to fight against this?
During my marriage, my ex-husband and I open some credit cards online (therefore no actual signature). After I filed for a divorce, he started to say that he never opened the accounts. He has stated in the past that he would use this in court anytime he didn't like what was going on with our son. He never filed these cards as fraudulent and to my knowledge he has made payments on them. The divorce decree states that he was responsible for debts including and not limited to credit card. He also gave me a letter stating that all credit card debt was cleared.
My question now is; I plan to move out of state, and no that he will try to do anything to stop me. Is there a SOL on filing these accounts as fraud, since I have no proof and neither does he (other than letter he wrote)? Should I be concerned that he may resort to this to keep myself and our son in TX?
Our divorce was final December 2007
Weird situation: When I was leaving for deployment almost 10 years ago, I left my car with some people to work on it while I was gone. When I returned, they could not be located and since I was young, I let the car go. Now Im thinking about it and I can probably locate it. It is too late to report a stolen car? (title is in my name)
OK I recently found out that I have a hot check out in Lubbock county from 2000 and was never notified about this until now does the Sol still apply please contact me at 4797211132 thank u very much
My next door neighbor is a legal immigrant living in Texas. He's been in the U.S. about 16 years or so. His wife & 3 children are u.s. citizens but he is here on a visa. He's a concrete worker. He got involved with the bad mojo on his job & was caught with cocaine. That was 1 1/2 years ago. They filed a complaint on the case but never brought it before a grand jury so it's just hanging in limbo. They appointed an attorney however that will not return his calls. His visa will expire in November and it's stressing him out really bad. He's a great neighbor, not a druggie in the usual since, really a family man that made a bad mistake & a great neighbor so I'm trying to help him out.
These are my questions:
1/ is there a limitation as to how long between the complaint phase & the indictment phase that the d.a. can take?
2/ how will this affect his immigration visa renewal?
3/ if i push him to get his citizenship, even if we get this dropped, will he be able to become an American citizen?
I am trying to help him find an attorney that will let him make payments on his immigration issues. Until then I'm just fishing for info. Thanks for helping all these people and us!
God bless
Mitzi:
Thank you for your question. The statute of limitations for a Texas cocaine case is 3 years from the date of offense, assuming the statute was not tolled for other reasons. A cocaine case will seriously and adversely effect his immigration status. He must hire a qualified immigration lawyer immediately. Depending upon the resolution of the cocaine case, he may not be eligible for citizenship. However, only the immigration attorney can tell you for sure. Good luck.
I was arrested on 7/25/13 for a theft by check. It was classified as a Class B Misdemeanor. The check was from 1/28/2010. The check is over 3 years old. I never knew I had a warrant. What does not make sense is I work in different jails and I have cleared the national warrant database since 2011 but all of the sudden they file a warrant for me in 2/2012 for a check from 1\2010 (which was after the 2 year statue of limitations). Do I have grounds to fight this?
I was arrested on 7/25/13 for a theft by check. It was classified as a Class B Misdemeanor. The check was from 1/28/2010. The check is over 3 years old. I never knew I had a warrant. What does not make sense is I work in different jails and I have cleared the national warrant database since 2011 but all of the sudden they file a warrant for me in 2/2012 for a check from 1\2010 (which was after the 2 year statue of limitations). Do I have grounds to fight this?
Please hire a qualified criminal defense lawyer to assist you. Your lawyer can evaluate the facts, statute of limitations, and any tolling of the SOL. Please remain silent about this matter and speak ONLY to your lawyer. Thanks for your question.
i was arrested for theft of over 50 under 500 class b misdemeanor was let out on bond my ex fiance dropped my bond which had been payed in full got preagnant missed court and now have a warrant will they come and find me in a diffrent county and i want to take care of it just after i have the baby just dont wanna have it in jail . and what should i do will this go away after so long
i have a class b misdemeanor warrant for theft of more than 50 lower than 500$ im preagnat my ex fiance dropped my bond and i didnt show to court will they try and come and find me and with SOL will this warrant go away ? im trying to find more imformation can i try and wait this out untill the baby is born
Ginger: You must hire a qualified criminal defense lawyer to assist you with this case. There is nothing you can do alone to help your situation.
If I was charged with burglary of a habitation in March 2009 but am still currently on bond what's the statute of limitations
I don't know what state the burglary charge is from. Consequently, I can't tell you what the SOL is. Please refer this question to your criminal defense lawyer. They will be better positioned to accurately answer your question. Thanks.
I have a question. My boyfriend was charged with AGG SEXL ASSLT in one county, He was then arrested in a county for an additional felony poss c/s charge. He has not been indicted on the agg sexl asslt charge and its been 7 months he has already been sentenced to tdcj from the other county and is awaiting to be transferred. what is the statute of limitation for this charge to be indicted without arraignment in that county
Please consult with a criminal defense lawyer in the county in which the charge remains pending. The statute of limitations depends on many factors which are unknown to me. The lawyer will inquire into many facts before explaining the statute and how it applies to this case. Thank you for your question.
I was pulled over for not coming to a complete stop at a stop sign. When asked if i had anything on me, i handed over what i had, less than 20 grams of marijuana. I was told by the officer and narcotics officer that i could either become an informant or go to jail. They said i have two weeks to decide. They never gave me a citation. I wasn't placed under arrest. A ticket wasn't written and i never signed anything. Is it possible for them to charge me with the class b misdemeanor two weeks after the encounter with no charges pressed at that time? They let me leave with nothing but a business card to contact the narcotic cop. No other documents, no court date, nothing.
You can absolutely be charged for the crime. Please hire a qualified criminal defense lawyer immediately to help you. Time may be of the essence. Good luck.
hello, I was arrested in 2005 for a misdemeanor marijuana charge and pled guilty. since then I went to the army and served a yr in Afghanistan, and am now a full time student. When applying for a job after graduation, will that still be on my record when my background check is pulled? I heard the state of texas is hard to get things taken off... any help would be appreciated!!
good afternoon. . .I have a sister in texas and she just found out that the county she lives in has a warrant for her arrest from 2009 that just came across the desk of the law enforcement office of the county she lives in for food stamp fraud. the case was filed in 2006 (don't know what date) but the grand jury indicted her and the warrant just came up yesterday but it is from 2009. she has been working and this warrant was not in the system because her job would've found out about it plus she got a speeding ticket earlier this year so the warrant would've came up. we would like your input on this please sir
If a person was accused of a crime and indicted 4 yrs ago without knowledge of being accused or indicted until a yr after the indictment, he was pulled over for a traffic violation and arrested on that he since then had posted bail and been to numerious court hearings for 3 yrs. he plead not guilty and it has constantly been to court where they put him on docket for jury trial then they put it off and reset everything back to docket calls, status reports etc. every year the same thing. but still never ever goes through up to a jury trial. what can he do to put this case to rest. it has taken a toll on him financially from his job for missing days for court, to traveling expenses back in forth from one county to the county of court which is in Texas. Also, mentally draining him. Please need advice.
First of all, great and informative blog.
Will SOL Apply to a person arrested 6 years ago in Texas, on felony drug charges (21USC 841(a)(1)& 846), and released on bond but failed to appeared in court?
Thank you and have an amazing day!
P.S. Feels like Pro Bono Defense.
I sued my old company for back salary they sued me for fraud and theft in 2004 and they acknowledged that though I did not do it they stated they thought I did in 2005 can they sue me fraud in acountersut after 9 years is there a statute of limitations
Edwardwandre@aol.com
I was pulled over for a traffic violation and was given a warning but in the process my name came back as warrants for arrest. The officer said I had 2 misdemeanor tickets from 16 Yes ago and I want to jail and had to bond out. Is there a sol on this
My husband (boyfriend at time) and I were arrested for Arson 2 years ago. We didn't know about the fire until the next day, when family came to boyfriend house and told us. I wasn't sure what to do because I was renting the home. And did not have insurance of any kind. My sister said to call police depth and they tell you what to. They gave me fire cheif number and he said it was electrical. Days later I got a call from officer asking me where I was and why I haven't contacted anyone about fire and asked if we were running and told me he needed me to answer questions. We were Enterra gated at church for hours why pastern watched our children. I was told to sign a part for fire marchal. Months later was arrested for arrson then. I waa arrested again for 2 year old hot check for$ 53.00 after booked in I was interstates again for around 5 hours same officer. We have only been arrested and on bond. No court date or indictment has been set. I didn't even see a Jugde when I bonded out, my bond was set before arrested. Bond and Warrent was sighed by jp1
If an inmate is serving time in federal prison but was accused of a state crime prior to conviction, does the states SOL run while the inmate is serving fedral time out of state?
I have a question in 2005 I got a under the influenced charge took pc1000 .well I never completed the course but never got in trouble again tell now 2014 and they want to give me six month can they is there a statue here.?
If it has been 2 years on a misdemeanor ticket for theft under $50 and I don't live in Texas never did line in Texas it wasn't even my fault. It happened in July of 2012 is the S.O.L. still 2 years? I thought it had been taken care of by my father said he paid the ticket come to find out he didn't. what does it mean for me?? Its been 2 years...
I have been struggling with a terrible thing. 4 years ago, my husband shot me. I went through 5 months of therapy, and have always had a sinking feeling about it maybe not being an accident. But little things keep coming up. The local PD have closed the case, and the gun went to forensics in College Station and was cleared and returned to him. At the time, no bullet was recovered. Since then, we moved and the bullet fell out of the frame of the sofa. My husband gave statement that the barrel was not attached at the time, however the bullet has barrel markings and it was fired from a fully loaded magazine he inserted into the weapon. I called the PD a year ago, and they said the case is closed and all I can do is stay or leave him. I am still in need of more surgery as the bullet went into the foot, however I cannot believe it to be attempted because our entire family was in the room while he was going over gun safety in the home with the weapon at the time. But so many things just do not add up. I was alert at the time half the county law enforcement arrived (it seemed), and I gave statement it was an accident. But now more and more I have doubts. What, if anything would this classify as?
If the misdemeanor complaint was filed in the court within 2 years of the offense, the statute of limitations does not help you.
My family member applied for a appeal in the criminal courts system 4 years ago, he has been waiting to hear back abd had not heard anything so I looked into it and austin never received his appeal, but he has his paperwork. What can be done about this?
Marcela: Please contact the attorney who prepared and filed the appeal. They should be able to answer your question. Thank you for the question.
In 2005 I signed a note(8214.60 interest included) for study guides with college network. I paid 24 of 60 payments(136.91 per mth) with the last payment made 4/2007. I returned their study guides unopened. The last contact I had with them was 5/23/2007. 2 days ago I received a call from a Barbara K Montgomery (844-428-6284)stating she was an attorney with the national arbitrators guild and if I didn't pay 13,920.96 by 11am yesterday she was going to file 36 felony counts of theft of services/theft by check charges, take my professional license, freeze my accounts, my exes and sons accounts (checking,401k) because they were on the checking account these payments came out of,and suspend all of our banking privileges. Also if I didn't pay it by 11am the amount would then rise to 26,000. From what I've googled, she isn't an attorney, isn't a true arbitrator,and is a scam artist since I have not received any paperwork other than a letter 5/23/2007 saying y debit card was denied due to the expiration date. What are the statute of limitations on this?
if some one is being accused of a drive by shooting, it happing close to a year ago an they just seized the car, an they seized the suspected vehicle, an its not ben registered is their a case
If someone was arrested in August 2014 for parole violation due to an arrest in October 2013 what is the statute of limitations on getting indited on the October case...the parole came from Texas Youth Commission...
I was charged with resisting arrest 9 years ago(class A misdemeanor), and my attorney says that I have to file for non disclosure vs. the exspungement I was promised at court. Texas Penal Codes state than I am eligible; How long does it take for it to be removed from my record?
Hello I had a question, I had a ticket in 2001 I paid for it in 2007 they are issuing a warrant for my arrest! It was drinking as a minor ticket. I was not even drinking, and my drunk friend had to drive me home! Well, I got a letter saying they are going to issue a warrant if I don't pay, I'm not paying again, is there something I can do? This is so wrong in so many ways, I didn't show up to court because when I called she told me I didn't need to, so I never signed or pleaded guilty
Hello I had a question, I had a ticket in 2001 I paid for it in 2007 they are issuing a warrant for my arrest! It was drinking as a minor ticket. I was not even drinking, and my drunk friend had to drive me home! Well, I got a letter saying they are going to issue a warrant if I don't pay, I'm not paying again, is there something I can do? This is so wrong in so many ways, I didn't show up to court because when I called she told me I didn't need to, so I never signed or pleaded guilty don't drive through Big Springs, Texas
Can you go to jail for a fare evasion warrant
Can you go to jail for a 8 year old fare evasion warrant
An acquaintance stole my car and wrecked it into a home. She was on probation at the time for something else. she went to jail for that. Can i still press charges after a year has past
Please call the police and make a report immediately.
I`m asuming that meant I still can press charges
Hello, I was arrested and pleaded no contest to misdemeanor DUI as a 19 year old in 1991. During my probation period, I was allowed to move out-of-state. After several months, I was late with my payment and phone call, so an arrest warrant (Tarrant and surrounding counties)was issued in 1993. Ft. Worth officials told me the only thing I could do was turn myself in and ask a judge for mercy. At the advice of an attorney, I stayed out of Texas for many years. I have checked online to see if the warrant is still valid, but nothing is ever found. I have not been in trouble since. Is there a statue of limitations for a warrant such as this?
Randy: there is no statute of limitation in this regard. I'd hire a qualified criminal defense lawyer in Tarrant County to assist you.
Hello,
I was arrested for DWI in April of 07 in Henderson County. I took a blood test. I was told I would receive a court date in the mail but never did and have not heard a word about it since. I have been pulled over a few times for speeding since then in surrounding counties but never taken to jail for a warrant. I'm tired of this hanging over me! What should I do?
Determine whether a DWI case was filed in Henderson County. Contact the District and/or County Clerk and ask them. If no case has been filed, you are golden. If a case was filed, hire a lawyer immediately to help you.
I was charged with a class b misdemeanor "false alarm" was arrested & released the next day apparently on a pr bond... I was in between moves and although I filed a change of address with the PO. the letter with my court date was never recieved.. I never been in trouble before & didnt understand the procedure but long story short, this occured in Nov 2001 and I just found out from a letter from the texas dps that i cant renew my drivers license. I called & thats when they told me this matter was never settled. I intend to go to the courthouse this mon morning & speak to the judge, how much trouble am I in and what can I expect? I've been working & living here the whole time & ready to get remarried..
My wife was just arrested in Mississippi when she went to renew her drivers license for a warrant that was issued in February of 2008 for theft of $5000 which was actually money she retained from a client to do PR work for. The complaint was filed in Dallas County, TX. He did not feel that her work lived up to his standards and filed theft charges on her. She was able to bond out here in Mississippi because the judge felt it was a civil suit and not criminal and that he thought the statue of limitations had ran out also since the warrant was filed back in 2008 and had a statue of limitations of 5 years. Is this correct and how could she have the charges dropped?
Please contact and hire a qualified criminal defense attorney in Dallas County, Texas. They would be in the best position to help your wife. Good luck.
if I got stoped by border patrol for a sack of marijuana they wrote me a ticket it was a little misdeamenor. And let me go I never paid all of the fine now its a warrent will they come all the way to san antonio to bring me bak to court for that
My Husband has several outstanding traffic tickets in San Angelo Texas. He has spent 5 years in prison and been incarcerated for several other reasons. Is there a s.o.l. for the traffic tickets that he acquired in the past? He has not filed a plea yet. And after contacting the court writing the judge, the secretary will not issue any jail credit. Is there anything else he could do, or just plea and pay?
My Husband has several outstanding traffic tickets in San Angelo Texas. He has spent 5 years in prison and been incarcerated for several other reasons. Is there a s.o.l. for the traffic tickets that he acquired in the past? He has not filed a plea yet. And after contacting the court writing the judge, the secretary will not issue any jail credit. Is there anything else he could do, or just plea and pay?
I got a DWI back15 years and was placed on one year probation but never completed is there a statue of limitations on this case
Can a district clerk in Ector County Texas cancel a warrant for arrest, for back child support, because it's been on the books too long?
Martha:
The district clerk has no power to cancel a warrant. Please consult with a qualified attorney to help you resolve this issue. Thanks for your question.
I was arrested on 2/28/14 for DWI with child YOA 15. Police filed indictment & Police report on 7/16/14. Will the statute of Limitations run out 3 years from arrest date if the DA doesn't prosecute by the 3 year date.
The statute of limitations is irrelevant to your case at this point. When the state filed the indictment, the SOL stopped running. Now constitutional speedy trial issues are involved. Hire a qualified criminal defense lawyer to help you understand these speedy trial concerns.
During my first few months of starting my current job, I found a manager stealing money orders, cashing them or depositing them into her bank account. Is going to be a year since we file and the case is under the process of being approved by the DA. How come it takes so long? Is there a SOL on theft over $28K?
Hello Stephen. I was raided by SWAT 4 months ago where they found a couple different drugs and I was charged with 3 2nd degree pocs. I was released on bail and my court date has been reset again because there is no indictment. Is there any way to temporarily dismiss the case after 180 days or get me off this pretrial probation and out of this ankle monitor? Is it typical to wait so long for an indictment? My case is in Travis county.
I was raided by SWAT 4 months ago where they found a few things and I got 3 pocs charges in Austin. My court date has been reset again and I'm wondering if I can get off pretrial probation and out of this ankle monitor after 180 days? Does it typically take this long to get an indictment? I would hate to wait 2+ years to get an indictment. Is there any way to speed things up or get it dismissed or do I just have to wait another 2.5 years?
Dear Waiting in atx: My recommendation is to hire a qualified criminal defense lawyer to assess the facts of your case and make recommendations based on those facts. That lawyer would be in the best position to answer your questions. thanks for your comment.
Dear Marysol: yes, there is a statute of limitations. please realize the prosecutors will decide whether they have a provable case. sometimes these things take very long to process. my recommendation is to remain patient and allow the system to take its own course.
I was released 3/2015 from TCI for a 5 year sentence on my 3rd DWI. I served a total of 20 months county and TDC combined. I picked up my 4th DWI in Aug 2015. They have yet to charged me, but they got my blood so it doesn't look good for me. 1st question: If they actually charge me and I fail to appear, does that mean that this warrant will follow me for life or is there some statue of limitations as to how long they have to bring me in a prosecute me. 2nd question: If I am in a foreign country with an extradition treaty with the US. Will a felony DWI be something they will try to extradite me for? According to what I have read. The country I'm in treaty agreement says that they only extradite if the punishment under their law is the same as in the United States. The laws here in the country I'm in, is a 6 month jail sentence and fine. I got 5 years last time, and considering they sent me to 6 month rehab, I'm sure they will not go light on me. Is a felony DWI a charge that the US will try to extradite someone? 3rd question: Also I'm still on 40 months of parole. Will parole try to arrest someone overseas?
Thanks
Please hire a qualified attorney to answer these complicated questions. Thanks for your comment.
Hi, I have been convicted with a class A misdemeanor: concealment-destroy and removal. I was arrested in Aug 2014 and was convicted in October 2014. It resulted in time served and a fine. I have since paid off the fine and am waiting for an opportunity to have this expunged. I am a new college student and will be looking for better jobs soon and I would like this to be off. my question is does the statute of limitations for and expunction begin when the crime was committed, when i was charged, or when the fine had been paid in full?
Ryan: If you have been convicted of this offense, you cannot get it expunged under Texas law. Your only option is to consider applying for a pardon from the Texas Board of Pardon and Parole. Good luck.
The best Lawyer Help is help that you pay for. Find a qualified attorney and hire them to answer your questions. Good luck!
Heather: I'm sorry that I don't know anything about parking tickets. I can help you defend a murder case, but not a parking ticket. Thanks for your question, nonetheless.
So I got pulled over with some marinara about 6 grams and the cops ask me to help them get someone bigger so they took me to the jail never booking me in or anything just was asking me question I helped them get more then what I had( they did put me in a cell for about 2 hrs.) but they decided that wasn't enough so they wanted me to continue to help them so I did try I stayed in contact everyday even though the cop stop replying to my messages and next thing I know I have a warrant for my arrest I haven't been picked up yet but there is also no record of me ever being arrested even though they did read me my rights back then when morning hit they drove me back to my vehicle that happened about a year and a half ago so is the s.o.l about to run out?
If you have charges pending, then hire a qualified criminal defense attorney in that jurisdiction to evaluate your case and advocate for you. Thanks for your comment and question.
I have a friend that was recently arrested on a warrant that had been outstanding for 14 years it was a feloney charge for 16 counts of a financial instrument he lived in Texas at the time but since then moved to another state. Does the SOL apply to this situation
The statute of limitations may certainly apply. The criminal defense lawyer handling this case should investigate how the SOL applies. Thanks for your question.
A year and a half ago I was stupid and got a misdemeanor burglary charge and now I was fired after 8 years at an apt.. complex and all my tools and supplies were in shop they changed locks instantly well I went by 1 month later and door was open to shop and I took only my stuff and now being charged with burglary of a building g what r my chances and what am I looking at
Latoya: The first thing you should do is STOP posting things on the Internet about your case. Everything you say can be used against you in court. Hire a qualified criminal defense attorney immediately to assist you.
I just discharged a 5-year sentence from TDCJ on 5/20/16.I was severely beaten and attacked by over 30 inmates in the shower area at Segovia Unit upon being transferred from Dalhart Unit on a Wednesday about 2 years ago in late 2014.PREA and ACA were on the premises while I was being attacked and basically their attempt at them trying to murder me. Shift change was taking place while all of this was going on in building A-1. No one wanted to take responsibility of what had happened to me between these two shifts. I was denied proper medical attention and care. I was taken to the infirmity and left there, basically to die. I fought to breathe and stay awake for 24 hours for fear of falling asleep and never waking up. I was never taken to a TDCJ-approved hospital or medical treatment facility. As a matter of fact, a radiologist saw me on a Friday, my attack happened on a Wednesday, and he was outraged and even asked the Segovia Unit medical department members why I was taken to a hospital and have a doctor or specialist tend to me. Please, if you can help me, I would greatly appreciate it. Thank you and God Bless. Luis Cantu from Dallas, Texas.
Mr Gustitis, In 1989 I had a felony, injury to a child ( I spanked him with a belt, left marks on him other than his butt) and was turned in by a woman in town when he went to school. I sincerely know that I was in the wrong! Never spanked my kids again!! My attorney got me 10 yrs probation and to do counseling. My probation officer put in papers for me, due to staying clean and sober and no problems, a request for my probation to be dropped after I think it was 8 years and I had paid all my fines and completed all requirements and am still sober after 25+ years. It was disposed due to her recommendation for me. My question is if I can own a firearm. I live in the country with wild hogs, fox and other animals who I am afraid of and would like to know this information. Also being a woman, it is nice to know I could protect myself if I ever needed to. There was a lady randomly murdered in our neighboring town as she was getting out of her car at 5:30 am to go into work. It is so scary out there. Nevertheless sir, that is my question. If I am able to own a firearm. Thank you. Ms. T
It would not be wise for me to advise you whether you can own a gun, or not. Please contact a local criminal defense attorney and pay them for a consultation on this issue. I appreciate your question, however. Thank you for writing.
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