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.
am I understanding after 2 years of not being convicted of a misdimeaner charge you can not be convicted after 2 years?
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
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.
if in 2 years of not being convicted of a misdimeaner charge you can not be convicted after 2 years?
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?
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?
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?
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.
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?
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
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.
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?
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?
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
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?
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.
I just receved a letter stating that my county in TX has asked a law firm to coolect on 2 citations, these citations were back 12 YEARS ago!! isnt there a statue of limitations on how log the state can prosecute you in a timely manner?
IF I WAS CHARGED WITH A MISDAMEANOR AND NEVER CONVICTED ON A MARIJ CHARGE IN 03-06-06 AND MY QUESTION IS, SHOULD I HAVE AN ACTIVE WARRENT
I WAS ARRESTED IN MARCH OF 2006 ON A MARIJ CHARGE IN TEXAS, BUT NEVER CONVICTED.I MOVED AWAY SHORTLY AFTER AND NEVER FOLLOWED UP ON IT. SHOULD I HAVE AN ACTIVE WARRANT IN THAT COUNTY?
I got a speeding ticket in 1997 and just received a notice it wasn't paid in full is there still a warrent like the law firm letter says, or are they trolling for cash?
if one was arrested for posession of marijuana in Vernon, Texas in 1994, was released on bail, and never appeared in court, will there be any reprocussions now if said person was to be stopped by police in Texas now?
I was arrested for dui in texas in 2007. I do not reside in Texas and missed the court date for may case. I am pretty sure that I am in contmept by now. Does the Statute of Limitains apply to my case. Will it effect travel requiring a passport? Can I handle this issue now without jail time?
bald tires and the wrong license plate and it wasnt wasn'teven my car. Can i Ibe prosecuted and if so why havent haven'ti Igot picked up when pulled over and my name was clean for warrantsI got a ticket in 2006 that I was notified yesterday feb. 2009 that has went to warrent. I never got a copy of the ticket do to the fact the cops arrested me that same night. It is for
I got arrested april 3rd of 2004 for a small amount of marijuana ticket in aransas county i was only visiting so i never went to court i still have a warrant down there and am wondering is there is a limitation how long the warrant can stay active its already been almost 5 years please let me know.
if i had all my dwis dropped down to misdemeanors about 8yrs ago they cant be used against me if i get another dwi????
Iwas arrested in 1994 and relesed on my signature. I called to get court date and was told charges had been dropped I need not appear. I have since moved to another state. I tried to buy a deer hunting rifle and my nix check got kicked. An ATF agent called me and said I had an active warrant for failure to appear. It has been almost 15 years. Can they still have an active warrant and if so being I am in another state how do I take care of it without going all the way there?
my son wrote a 2 checks on 8-2006 at the same store that bounced we went into that store on 10-2006 and paid clerk for checks she called owner and he said to waive the fees she gave us a store receipt wrote check info on it and initialed it and owner said he would mail us the checks it has been almost 3 years and we still don't have checks and they are threatening to turn checks in if we don't pay them for fees can they legally do this and is there a statue of limitations on this i have keep documentation on every conversation with them and still have receipt
it has recently come to my attention that I had two checks that were written on my account in 2000.I had no knowledge of this.I have been to court on two different ocassions and the matter was never brought up( no warrants ect).Recently I recieved a notice stating that there was a warrant.but I checked the public record and it shows no warrant.this shows up 9 yrs later.Is there a statute on this.also I dont believe I wrote the checks.do I let it go oris just this some entinty trying to collect on a past debt.
it has recently come to my attention that I had two checks that were written on my account in 2000.I had no knowledge of this.I have been to court on two different ocassions and the matter was never brought up( no warrants ect).Recently I recieved a notice stating that there was a warrant.but I checked the public record and it shows no warrant.this shows up 9 yrs later.Is there a statute on this.also I dont believe I wrote the checks.do I let it go oris just this some entinty trying to collect on a past debt.
I recently was stopped by an undercover sherrifs deputy in Dallas at an adult movie theater. He questioned me and took all of my information. Then about three months later I received a letter in the mail informing me that a warrant had been issued for my arrest for a class b misdemeanor of Indecent Exposure and that I had to appear at the bond desk and post a cash bond. I had moved out of state prior to receiving the letter. What will happen if I just do not return to Texas for two years? Will the statute run out?
I was just stopped for a safety belt ticket and was arrested for a return check for 10.00 dollars. It was 1 1/2 years ago when we moved and I guess it did not clear and since I moved I never got a notice. It there a statue of limitations on a return check.
In 2000 my daughter was arrested for truancy, because she was late for school three times in a six weeks. In TX that's an automatic absent. The Judge wanted $500.00 each from my daughter and me. I told her we would do community service to pay off our fine because we had no money.I did two weeks community service, My daughter did some, but didn't finish. In June 2009, The Judge told her she still owed that fine. She told them the statue of limitations had already passed on that case. They said no because they already did the paper work on it. Is this true? And if not what can we do about it?
Thank You for your time
Wanda
The statute of limitations applies to the amount of time the state has to charge you with the offense. Once the charges are entered (court date, warrant...etc) there is NO time limit. I have often arrested people with old traffic tickets from the 80's in this decade.
Les
Hi, My Wife Has Truancy Tickets Back From 03-04.She Was A Minor Then. She Has Been Arrested Since Then,Other Traffic Violations, And We Have Changed The Address On Her Drivers License Since Then, And They Are Just Now Coming To Light. Her License Has Been Suspended Now. What Can Be Done About These Tickets If AnyThing.
Thanks,
Chris
I got a payday loan from the internet back in 2007 and when they tried to retrieve the funds the account was in red and eventually was closed. Now I got a call from a supposed lawyer saying that if I don't pay it back now they are going to sue me for check fraud. Can this be so?
I was on probation and had it revoked. They wanted me to surrender myself for 6 months and i never showed. Does statue of limitations apply?
I was on Misdemeanor DWI probation and had it revoked 5 years ago.All fines were paid in full. Does statue of limitations apply?
in 2001 I was stopped for speeding in TX. At the time my TX drivers licesne was suspended. to avoid getting arrested I told them I was my brother and gave them his information. I was given a ticket for speeding and driving with no license. My brother has a warrant for his arrest for the ticket. I called him Friday 11/06/2009 and told him that I am sending the payment in full Monday 11/09/2009 and to be careful. He and I do not get along very well and did not expect him react the way he has.. he is threating me that he is going to press charges for using posing as him.. Please Advise!!
in 2001 I was stopped for speeding in TX. At the time my TX drivers licesne was suspended. to avoid getting arrested I told them I was my brother and gave them his information. I was given a ticket for speeding and driving with no license. My brother has a warrant for his arrest for the ticket. I called him Friday 11/06/2009 and told him that I am sending the payment in full Monday 11/09/2009 and to be careful. He and I do not get along very well and did not expect him react the way he has.. he is threating me that he is going to press charges for using posing as him.. Please Advise!!
in 2001 I was stopped for speeding in TX. At the time my TX drivers licesne was suspended. to avoid getting arrested I told them I was my brother and gave them his information. I was given a ticket for speeding and driving with no license. My brother has a warrant for his arrest for the ticket. I called him Friday 11/06/2009 and told him that I am sending the payment in full Monday 11/09/2009 and to be careful. He and I do not get along very well and did not expect him react the way he has.. he is threating me that he is going to press charges for using posing as him.. Please Advise!!
I'm 33yrs old. I have a 19yr old daughter. I is too late for me to file rape against the person that got me pregnant with the 19yr child?
Leticia. Most likely yes. The statute of limitations for rape in TX is only two years. Of course the more time goes by the less likely you are to have proof. Generally if you don't have documented proof within the day or two after it happens you have no case.
Sucks I know.
my husband got caught shoplifting a sears they enhaced his charges because of his crimnal history to a class c felonie.,but he does not have the pririr convitions of theft in harris county nor any where else.my question is can they do this?
I was recently issued a warrant for my arrest for possesion of marijana (class B). Did not get arrested when caught back in 8-14-08, was released by police. Later found out a warrant has been issued for my arrest in 1-28-10. Does statue of limitations apply?