Article 12.01 Felonies. Texas Code of Criminal Procedure
Texas Code of Criminal Procedure Article 12.01 Felonies
Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault, if during the investigation of the offense biological matter is collected and subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained; or
(C) an offense involving leaving the scene of an accident under Section 550.021, Transportation Code, if the accident resulted in the death of a person;
(2) ten years from the date of the commission of the offense:
(A) theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government property over which he exercises control in his official capacity;
(C) forgery or the uttering, using or passing of forged instruments;
(D) injury to a child, elderly individual, or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code;
(E) sexual assault, except as provided by Subdivision (1) or (5); or
(F) arson;
(3) seven years from the date of the commission of the offense:
(A) misapplication of fiduciary property or property of a financial institution;
(B) securing execution of document by deception; or
(C) a violation under Sections 162.403(22)-(39), Tax Code;
(4) five years from the date of the commission of the offense:
(A) theft, burglary, robbery;
(B) kidnapping;
(C) injury to a child, elderly individual, or disabled individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code;
(D) abandoning or endangering a child; or
(E) insurance fraud;
(5) ten years from the 18th birthday of the victim of the offense:
(A) indecency with a child under Section 21.11(a)(1) or (2), Penal Code; or
(B) except as provided by Subdivision (1), sexual assault under Section 22.011(a)(2), Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code; or
(6) three years from the date of the commission of the offense: all other felonies.
Hello!
I am one of those people who you wrote about that was not fully informed of what deferred adjudication was all about, and it is affecting me currently in my profession. I am a security contractor working in Afghanistan and am trying to get my Secret clearance from the state department. I had been released from deferred adjudication in Feb. 06 and my case dismissed. However, it obviously shows up on the background check. The only way I can get my clearance is if I have it expunged. I believe in the state of texas for a state felony arrest it is 10 years from the date of dismissal that I can have it expunged. Is this correct, or is there anything else I can do? Is there anything that can be done to speed up the process as I am working for the government and it is affecting my work....say as the interest of the government. Any of your help will be appreciated. Thanks, Paul
If you are convicted of a crime do the statue of limitations still apply?
Hello,
In 2002 I was arrested in Texas for a felony, poss of marijuana. A few months later I was arrested in California, and sent to state prison, which violated my deferred adjudication in Texas. To my understanding the state of Texas had the oppertunity to extradite me, but failed to do so, yet an arrest warrent still stands. Is there a statute of limitations that will help me? I no longer use drugs, they are a thing of my past, my youth. Is there forgivnes for me?
I was arrested and charged with "Sexual Assault of a Child" in 2002 in Mt. Pleasant, Texas. I was 19 and my girlfriend was 16. I was released on bond and becuase I was in the milirtary I was informed by my bondsman that I did not need to do the "weekly check-in". I went to Iraq in 2003-2004. I have not heard anything from my bondsman or from the Mt. Pleasant Police or Court. Because the charges were filed, do I still fall under the Statute of Limitations? If not, what should I do about my bond? If the charges have not been dropped, I don't want to call attention to the fact that nothing has been pursued; but I also don't want to have a warrant issued for me. I have been stopped by the police in a neighboring county for a minor traffic violation in 2005 (speeding) and there was no mention of a warrant. I have done a web search of Texas State Warrant archives and have not found myself on the database. What is my best course of action? How can I find out if the charges are still pending or if they have been dropped? How should I go about resolving this issue?
Thank you,
-"John"
hi, i'm wondering if i can get some help here. this site is very helpful. thank you. my wife was taken into custody by the shelby county sheriff dept in memphis tn for a misdemeanor probation violation in dallas county tx that was dated back to 1987. this is may 26, 2008. dallas says they will extradite and she has been sitting in jail now for 5 days waiting. from what i read on your site, am i correct in understanding that the statute of limitations has passed?
i Live in the dallas tx,,, june 98 i was sent to pirson for drug issues, I have been clean since 98,,,no paper done everything, If i broke the law in another county in 98 after ten years could they file charges on me now after ten years.
thanks..