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..
My dad sexually assaulted me when I was young. It started when I was in the sisth grade and ended when I moved out at about age 16. I am 36 now. Since this happened in Texas, is there nothing that can be done??? People who do this should pay. I have a daughter and now am about to have a grand-daughter. I don't EVER want them to go through what I went through!!!
Hi, My husband was accused of sexual assalt of a child,there was no physical evidence taken and is classified as a Felony 1. What is the statued of limitations?
I was arrested in Nov. 2005 for felony drug possession. I still have not been to court, when I look it up on the court records it says under cause number "no case number assigned " and under cause number it also has an o/v. I live in Texas and was wondering has the statue of limitations ran out on this case? I do not believe I was ever formally indicted and it shows my bond has been disposed. Do I have to worry about this coming back someday or am I done with it?
Whats the Statue of limitaion for a felony marijuana(1/4oz)charge in the state of Texas
Ty:
Since it's not one of the listed offenses with a "special" statute of limitation, the answer is 3 years - just the regular default answer for felonies in Texas.
Does the statute of limitations apply after one has been charged or indicted?
I was arrested for Fleeing police (state felony) and possession under 2ozs on Jan.13, 2004 and have not been to court yet. Does the limitations run out even if there was an indictment?
My husband recently was arrested for a dwi, this will be his 3rd, however his last was back in 94, I have not found a website or anything that states what the statue of limitations is. Do the other 2 fall off after so many years or what happens???
I did a burgly to a home back in 1980, but they arrested my brother, he would not tell them it was me, but went to prison in texas, he wants me now to clear his name what will happen if i tell them it was me
I was arrested for a DWI, 3rd offense in June of 2006, and still haven't gone to court, is there a Statute of limitations that can help me?? It is now fixen to be 3yrs and I have been told that it has been dropped to a misdemeaner, but still have not gone to court. Some help would be nice
In July 2003 a friend informed me that an exemployer had sue me for theft, I turned myself in, paid a bond and since then I have not hear from them, nor the district attorney, or any body else, I know I did not do anythig wrong, in fact I never met this man in person, is there anything I can do to erase this from my record?
What is the statue of limination in Texas regarding vin changing and forge vehicle documents for sale?
What is the statue of limination in Texas regarding vin changing and forge vehicle documents for sale?
My husband is in the county jail and i had wanted to know if they can keep him locked up without any proof of evidence that he committed the felony that he is being accused of?