Article 12.02 Misdemeanors. Texas Code of Criminal Procedure

Texas Code of Criminal Procedure Article 12.02 Misdemeanors

An indictment or information for any misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.

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gary shannon - October 27, 2007 9:04 PM

am I understanding after 2 years of not being convicted of a misdimeaner charge you can not be convicted after 2 years?

Mike - October 31, 2007 5:30 AM

My questions are there: If there is a dwi court date where there is a failure to appear due to living in the state of arizona, what happens? A warrant will be issued but does that affect drivers license, passport etc and is there a statute of limitations that will effect it? Thanks

kristina powell - November 7, 2007 3:33 PM

I had a cling to a vehicle ticket. I was on galveston beach and it was back in may of 2000.I was sitting in the passenger window of my car!now this week Nov 1 2007 i receive a failure to appear and the cling to vehicle in the mail.Can I protest this due to time.

jose - November 17, 2007 10:46 AM

if in 2 years of not being convicted of a misdimeaner charge you can not be convicted after 2 years?

Cat - November 23, 2007 12:19 PM

I had a bad check about 11 yrs ago that went to warrant. Was never taken care of. Does a warrant expire on such things as this or what? Would the warrant still be there? Or still be active?

Susan - January 9, 2008 11:05 AM

So am I correct in believing that if misdeamnor B offense occurred on Oct. 21, 2004, that after Oct. 21, 2006, it can no longer be prosecuted?

Jason - January 18, 2008 4:11 PM

if you have not been called to court or convicted after 2 years can you still be called to court or be tried. and if it involved a gun can you go pick it up after two years of being arrested. the two years are from what date? is it the date you get arrested?

Charles - January 30, 2008 10:52 AM

In 1995 or 1996 I gave a check for $6.00 and it was returned they charged me a fee of $20.00 making the entire amount due $26.00. I just never took care of it and after all these years I had forgot about it. On April 2 2006 I was arrested on the check but they had changed the charge from a hot check to theft from a building for $26.00 and some change. I was able to bond out one a cash bond of $3000.00 I paid the bail bondsman $370.00. Hired a laywer who sent me a paper to sign where I pled not guilty. It will be 2 years on April the 2nd of this year 2008 since I spent a night in jail and I know no more now than I did then what do I do now? I have contacted my lawyers secretary and they have no info on the case.

Karen Melgar - February 8, 2008 8:18 AM

my husband was arrested on January 13 because of outstanding warrants, one of them for a dwi from October of 2004 and the other from a dwi in February 2006. Can he still be sentenced on the one from 2004?

Michael - February 8, 2008 11:56 AM

If I was arrested for reckless driving in Feb of 2006 am I correct in assuming that the D.A.'s office only has until Feb of 2008 to indict or issue a notice to appear?
Thank you

Sheila - March 28, 2008 3:52 PM

My son was charged with DWI & possession of dangerous drugs in 2000 and shortly after went to TDCJ for a separate charge. He has not been brought before the court but has a detainer against him from the county where the offense took place. Is there a time frame within which these charges must be taken dealt with? We had an attorney file to have my son bench warranted but the county refused. Just wonder if there is anything we can do to get this resolved? Thanks so much for your time.

Nick - April 3, 2008 10:38 AM

I was arrested in 2001 at the age of 20 for trying to enter a nightclub with someones ID. I never heard anything about it untill I applied for a job this year and I was told that a warrant was issues in 2006. If I understand this correctly then I shouldn't be able to be charged with the offense if it has been around 7 years correct?

Charles - June 15, 2008 12:58 PM

I had a p.i. in 2005 in Dallas, Texas. I went to jail in 2006 for warrants, on different tickets, in Grand Praire and sat them out. Dallas never came and got me and I was released. Now I receive a letter from an attorney saying I owe a fine from that p.i. in 2005. Would I still have a warrent out after three years and it being turned over to collections?

EDDIE - July 29, 2008 11:45 PM

Back in april 2006 i was arrested for a DWI . i took a breathalizer. i hired a lawyer for my case which we are fighting why they stoped me for. they said i didnt not put a signal light for a right hand turn. but what i dont get is that i was in a right hand turning lane.its already been 2 years and 4 months. since the 2 years and 4 months we postponed our court 2 times in the first year and a half. i finaly went to court in october of last year . the judge said he would make a decesion in 1 to 2 weeks and never heard from the judge again . my lawyer recently sent me a letter saying we will go to court on augest 13th ,i heard after 2 years without being convicted it will be dropped is that true and does this fit my sitution

Dan - August 11, 2008 9:41 AM

I was arrested for dui over two years ago. I chose to not appear at my court date. Is it true that you cant be convicted of a misdemeanor offense after two years of the commision?

Nathan - August 22, 2008 12:00 PM

I received a notice from an attorney stating that I owed a texas county for a speeding ticket 13 years ago. I ignored the attorney who was from a diffrent texas county and a month later got another letter from this attorney stating a warrant for my arrest was going to be issued. Is this possible? I obvioulsy do not recall an upaid ticket from 13 years ago.

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