Texas Statute of Limitations - Chapter 12 Code of Criminal Procedure

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Tim Jones - November 19, 2007 9:42 AM

My question is. I was in Texas in 1997. I was pulled over by the Police and they found less then a line of cocaine on the passenger floor of my car. i went to jail and seen a judge the next day. They read me what i was accused of and sent me on my way to find a lawyer. I choose to skip bail move away and go into the U.S. Army. this was about 10 yrs ago. If I remember right. I was charged with Illegal possession.
I was wondering if there is a statue of limitations on this and if not what would my option be at this time.

thank-you for your time and patience on this issue.

GARY MCcLURE - January 27, 2008 8:52 PM

WHEN I 14 I WAS MOLESTED AT A STATE HOSPITAL AND I HAVE PROOF AND NEVER PERSUMED IT BECAUSE OF EMBARRASEMENT.NOX I HAVE BEEN ON SSI SINCE I TURNED AN ADULT NOT ABLE TO DEAL WITH EVERYDAY PROBLEMS THAT OCCUR,

Carla Rojas - March 4, 2008 9:25 AM

What is the age statute of limitations a child can go after child support from a parent?

Joanie - May 1, 2008 3:43 PM

What is the statute of limitations for a real estate transaction when a seller did not disclose a latent defect on the property?

Fred - May 21, 2008 4:39 PM

If I got a speeding ticket in 1997, for 5 miles over, and was just advised May 21, 2008, of a warrant for me, can they still prosecute me?

Latricia - August 2, 2008 11:18 PM

As a Minor I got arrested for Assault with seriuse bodiely injury. I was never charged cause it went through family court. This happen in 2000 is there a statue of limitation on this?

Thompson - October 29, 2008 8:21 AM

I was just wondering if you can explain the statute of limitations for Texas to me. I read the Texas Code and still do not understand. I was pulled over for my third DWI, after court I left town, that was ten years ago. Can I still be prosecuted today if I go back? Whats the next step? I want to stop running, I would like to return to Texas.

Jamie - October 29, 2008 9:07 AM

Thompson (if that is your real name, haha):

The statute of limitations is inapplicable in most cases, as long as they file the charges within the statutory period.

Chances are pretty high that they did that.

Short version? They don't have to prosecute you within the statute, merely indict you for the felony charge.

Having said that, you should still probably contact a criminal defense lawyer in whatever county in Texas the arrest was made, so that they can at least look into it for you.

Jamie

J - November 17, 2008 7:29 PM

I was in Bexar county for a very short time with the U.S.Army, 1 Nov 2003 - 28 Feb 2004. During that time I got pulled over for DWI, injured myself and it required medical attention. But I was required to do a breathalyzer (which I failed). Went to the hospital and received my much needed medical attention. Fell asleep in the waiting room, when I woke up the officers were gone and I was left with a piece of paper with my results of the breathalyzer. There was no ticket, no court date, nothing. Now here it is 2008 and I am now a disabled veteran, and receiving state and military benefits. I received a letter 14 nov 2008 saying my state benefits are going to be suspended cause I have a warrant out for my arrest. So I called Bexar county to find out what for. They commented they can't discuss it over the phone but I either have to turn myself in or when and if I get stopped I will be transported back to Bexar county. Why are they just now trying to indict this on me? Can they do this? The statute of limitations for this offense in Bexar county, Texas is 2 yrs. Does this make sense to anyone else? PLEASE HELP ANY ADVICE IS APPRECIATED.

sandra - December 2, 2008 12:52 AM

My brother was put on felony probation back in feb of 08. He has not reported sence to storm.(ike).Is there a statue of limitation on probation.He has went to another state and wants to come home to Texas to be with our mom which is very ill.Thank you and God Bless Sandra

Styx Man - December 13, 2008 3:08 PM

I have it on good authority that there's a Mr. G. Reaper looking for y'all. I understand he has a summons for all of you to burn forever in the hereafter....

Edward B Allen - January 1, 2009 12:26 PM

In Nueces County TX. on 5/20/2001 I was charged with doing 77 mph in a 65 and DWI I went to jail bonded out, went to my arraignment pleaded not guilty the judge scheduled me a court date, Here is the promblem. The judge ordered me to go to trial on 1/21/2001. Obviuosly I didnt make this date since it had already passed. I got married moved to DE which is where I am from. However DE is showing that I am wanted in TX. to date for a failure to appear. What do I do? Does the statute of limitations applie to me in this matter?

Er-eek! - January 9, 2009 9:57 AM

In September of 2007 I was pulled over in Greenville, TX. Initially charged with failing to stop (I continued to drive for two blocks, total, with hazards on, 15 mph in a 35 mph zone attempting to signal the officer of my intentions to pull over to the next side street). The officer, after discovering my prior-record, took it upon himself to turn his charge of failure to stop into a felony evasion. After release on bond, I moved back to San Francisco, CA hoping to save up enough money to afford an attorney to help me through this ordeal. A judge in SF informed me that I had a $1000 bond on a felony in TX and proceeded to ask "How on Earth does one get such a LOW bond on a felony?" and "What was REALLY going on in Texas?" My quesions are these- What is the statute of limitations on such a charge, how long are officers' dashboard cameras records kept, and what are my options?

Erin - February 15, 2009 2:36 PM

I learned from SSI that I had a warrant for my arrest from Bexar Co. TX. I recieved the complaint after paying for it and it states I wrote a check for under $1500, a misdeamnor, of Feb. 98, which I did not move to TX till July 98. Anyways the plaintiff filed April 99, for some reason theres a warrant for my arrest. I have been a law-abiding citizen since then. What is the statue of limitation and what can I do? Along with the complaint papers I received, there was a notice from the Bexar Co. Court dated 1/02 about a 'notice to dismiss on constitutional ground field', which I do not know what that means. Any help is appreiciated.

Erin - February 15, 2009 2:40 PM

Also, noted with the above statement, I have not lived in TX since Feb. 99.

remmy - April 11, 2009 6:09 PM

my question is i was in houston spring of 07 and i was accused and arrested for lobbying a dollar store.they loaked me up for over two weeks and they rereased me.
because they found some one who did it.
my question can i sue? and if i can how much time do i have?i spend time in pain and vain also money to hire a lawyer(i never went on trial)

fara canutt - May 5, 2009 2:54 PM

In 1986 my husband was picked up for dui, bonded out and was advised by an Abilene lawyer to go back to Calif and forget it. In 1993 he lost his leg and is disabled.Last month stopped his payments because SSI claims it is a felony but the court says it is a misdemeanor. Court clerk says we need and lawyer to resolve it. They are calling it a bond forfiture and won't tell us any more. Can a Calif lawyer handle the case or just a Texan?

jasmiune - May 21, 2009 11:00 AM

this a question/ i was sentenced to 3 years probation in texas for a forgery charge, i never reported and have been gone for 7 years. i was just wondering is there a statue oflimitation on this and when will it end?

Mary Silva - May 27, 2009 5:08 PM

There is a man in jail in Potter County Amarillo Texas. He has several charges but the fines totaled not even $1,300.00. I know that he receives $100.00 credit per day which would mean his fines have already been met. The question I have is can they just hold him indefinitely without giving him some kind of information on why he is still there?

KIM - August 18, 2009 4:06 AM

Is there a statute of limitations on felony cases that were probated but probation was never completed?

Derrick George - August 18, 2009 11:18 AM

I have a friend who was charged with a misdemeanor DUI and also with cocaine possesion in 2001. He left the country and now wants to return. Is there a statute of limitations on these charges?

Jim - August 20, 2009 8:12 AM

I got a speeding ticket in 1984 in TX, I am sure I paid it, but now it shows on my CA license as not paid. I don't have any proof or a cancelled check. Does the status of limitations apply here?

Tammy - September 11, 2009 4:29 PM

What is the Statuory Limitations on Rapp?

Chad - September 15, 2009 9:46 PM

25 years ago, when I was young and stupid, I was arrested for indecent exposure. I served time in jail and paid my fines and I thought I had paid my dues. A year later, I moved out of state and got married, have three children and am leading a productive life. Yesterday, I received a letter from the Travis County Probation Department stating that my case was still opened and that a warrant was being issued. I called and the Probation Department says that I still owe them money and that since my case was still opened after 25 years, I am being threatend with a warrant. What is the statute of Limitations regarding this case?

When I had asked, the person on the line stated that I do not have any rights in this instance and that for some reason stated that I will never pay it off????

Is this a 4th and 14th ammendment right being violated?

keith - September 23, 2009 4:05 PM

is there a statute of limitation on B&E if its just guilty be asoseation

LaDona - January 18, 2010 4:54 PM

what is the statue of limtations for malpractice

kim kirksey - February 16, 2010 9:53 AM

Most of the questons, ive read, are statute issues. Here is what I know concerning the issue.
Statute of Limitations, regarding felony offenses only apply till there has been a warrant issued regarding a particular offense. If a person is not arrested at the scene of an alledged criminal offense, statue of limitations says that the state has a certain amount of time to gather evidense that could/will be used against that person in a court of law. If there is sufficent evidence the detective's next step is to present that evidence to a judge. If the judge determines that, "yes" there is sufficient evidence to issue a warrant for arrest, he signes the warrant, making it effective, immediatelly. At that time statue limitaions no longer would apply to that criminal offense/situatiion. Statute of limitations are not to benefit the accused. Statue of limitations keep "it" fair, on both sides. If that makes sence to you! Most, just assume that statute of limitations apply to the case in general and dont realize that it only applies until a warrent has been issued. The time the statute provides, in my opinion, is to benefit the investigator/detectives. It provides an adequate time frame to persue a case.

I hope it helps!

kim kirksey - February 16, 2010 9:55 AM

Most of the questons, ive read, are statute issues. Here is what I know concerning the issue.
Statute of Limitations, regarding felony offenses only apply till there has been a warrant issued regarding a particular offense. If a person is not arrested at the scene of an alledged criminal offense, statue of limitations says that the state has a certain amount of time to gather evidense that could/will be used against that person in a court of law. If there is sufficent evidence the detective's next step is to present that evidence to a judge. If the judge determines that, "yes" there is sufficient evidence to issue a warrant for arrest, he signes the warrant, making it effective, immediatelly. At that time statue limitaions no longer would apply to that criminal offense/situatiion. Statute of limitations are not to benefit the accused. Statue of limitations keep "it" fair, on both sides. If that makes sence to you! Most, just assume that statute of limitations apply to the case in general and dont realize that it only applies until a warrent has been issued. The time the statute provides, in my opinion, is to benefit the investigator/detectives. It provides an adequate time frame to persue a case.

I hope it helps!

kim kirksey - February 16, 2010 9:56 AM

Most of the questons, ive read, are statute issues. Here is what I know concerning the issue.
Statute of Limitations, regarding felony offenses only apply till there has been a warrant issued regarding a particular offense. If a person is not arrested at the scene of an alledged criminal offense, statue of limitations says that the state has a certain amount of time to gather evidense that could/will be used against that person in a court of law. If there is sufficent evidence the detective's next step is to present that evidence to a judge. If the judge determines that, "yes" there is sufficient evidence to issue a warrant for arrest, he signes the warrant, making it effective, immediatelly. At that time statue limitaions no longer would apply to that criminal offense/situatiion. Statute of limitations are not to benefit the accused. Statue of limitations keep "it" fair, on both sides. If that makes sence to you! Most, just assume that statute of limitations apply to the case in general and dont realize that it only applies until a warrent has been issued. The time the statute provides, in my opinion, is to benefit the investigator/detectives. It provides an adequate time frame to persue a case.

I hope it helps!

kim kirksey - February 16, 2010 9:59 AM

Most of the questons, ive read, are statute issues. Here is what I know concerning the issue.
Statute of Limitations, regarding felony offences only apply till there has been a warrant issued regarding a particular offence. If a person is not arrested at the scene of an alledged criminal offence, statue of limitations says that the state has a certain amount of time to gather evidence that could/will be used against that person in a court of law. If there is sufficent evidence the detective's next step is to present that evidence to a judge. If the judge determines that, "yes" there is sufficient evidence to issue a warrant for arrest, he signes the warrant, making it effective, immediatelly. At that time statue limitaions no longer would apply to that criminal offence/situatiion. Statute of limitations are not to benefit the accused. Statue of limitations keep "it" fair, on both sides. If that makes sence to you! Most, just assume that statute of limitations apply to the case in general and dont realize that it only applies until a warrent has been issued. The time the statute provides, in my opinion, is to benefit the investigator/detectives. It provides an adequate time frame to persue a case.

I hope it helps!

kim kirksey - February 16, 2010 10:03 AM

Most of the questons, ive read, are statute issues. Here is what I know concerning the issue.
Statute of Limitations, regarding felony offences only apply till there has been a warrant issued regarding a particular offence. If a person is not arrested at the scene of an alledged criminal offence, statue of limitations says that the state has a certain amount of time to gather evidence that could/will be used against that person in a court of law. If there is sufficent evidence the detective's next step is to present that evidence to a judge. If the judge determines that, "yes" there is sufficient evidence to issue a warrant for arrest, he signes the warrant, making it effective, immediatelly. At that time statue limitaions no longer would apply to that criminal offence/situatiion. Statute of limitations are not to benefit the accused. Statue of limitations keep "it" fair, on both sides. If that makes sence to you! Most, just assume that statute of limitations apply to the case in general and dont realize that it only applies until a warrent has been issued. The time the statute provides, in my opinion, is to benefit the investigator/detectives. It provides an adequate time frame to persue a case.

I hope it helps!

kim kirksey - February 16, 2010 10:22 AM

Most of the questons, ive read, are statute issues. Here is what I know concerning the issue.
Statute of Limitations, regarding felony offenses only apply till there has been a warrant issued regarding a particular offense. If a person is not arrested at the scene of an alledged criminal offense, statue of limitations says that the state has a certain amount of time to gather evidense that could/will be used against that person in a court of law. If there is sufficent evidence the detective's next step is to present that evidence to a judge. If the judge determines that, "yes" there is sufficient evidence to issue a warrant for arrest, he signes the warrant, making it effective, immediatelly. At that time statue limitaions no longer would apply to that criminal offense/situatiion. Statute of limitations are not to benefit the accused. Statue of limitations keep "it" fair, on both sides. If that makes sence to you! Most, just assume that statute of limitations apply to the case in general and dont realize that it only applies until a warrent has been issued. The time the statute provides, in my opinion, is to benefit the investigator/detectives. It provides an adequate time frame to persue a case.

I hope it helps!

Carol P. - February 16, 2010 2:53 PM

Is there a statute of limitation in which to retry a case(aggravated perjury) after a mistrial?(Texas)

heather - April 24, 2010 3:12 PM

hi,
I was pulled over almost three years ago for speeding (11mph over the speed limit) and i haven't paid any fines and had a warrant issued for my arrest, and I'm getting lot's of letters from an attorney.I heard that it will all just go away after a certain amount of time. Is this true? If so how long does it take?
p.s. this is the only spot on my whole record, if that makes any difference.

M.l.lee - May 14, 2010 10:04 PM

For a probation violation what is the statute of Limitation?
If I was found guilty of violating the terms of my probation and I thought I had serves sufficient time to please the court only to learn almost nine years later that I was in violation for not appearing and left the state 3 years before having no other issues what is the stature of Limitation?
How can a DA keep renewing a charge to indict someone and never have a hearing

larry - August 9, 2010 7:20 AM

I got 3 ticket in 1999 for speeding one for no insurance and no inspection. one was 162.00 298.00 168.25 and because i did not appear in court they charged me another 341.00 they were city ticket of grange tx and I am in the service now and deployed now and I dont know what i can do about this tcket is there any thing i can do to have them remove because i have not had a ticket in about 11 years and have not been in any trouble.the ticket were sent to williams county and i just found out.

Steven - August 10, 2010 10:48 AM

This pass weekend I was ticked for running a stop and when the officer pulled up my name, stated I had a warrant for my arrest and was jailed. I've posted bail, and now found out the warrant was issue 02/11/2000 and stated Theft up to $1,500.00. The does not state what it was, and I've been working day & night to find out what it is. No court date has been set at this time. Isn't this past the statue of limtations?
Am seeking legal counsel at this time.
Thank You

Steven - August 10, 2010 12:17 PM

Warrant was issue in Dallas County and the arrest was in McLennan County, Waco,TX

Sue - September 23, 2010 4:32 PM

What is the stature of limitations on a case involving deadly conduct. (F3) This is a case in which the husband fired a gun at his wife, police were called and he was arrested. He posted bond. He later forced the wife to go to the police dept to have the charges dropped. This case is in TX. Can this case be re-opened if the wife wants to testify against him?

delarese rodgers - October 29, 2010 3:11 PM

I would like to know what is the stature of limitations are in reference to a revoked nurse aide certification in the state of texas and is it possible I can still file an appeal to try and get it back because i had an appeal a while back maybe a year or two ago and it did not go well. I feel that when the incident took place were 16 years ago in 1994 for misappropriation of a resident property in a nursing facility but I was not the only person involved but I was the one caught up so I am in desperate need of some help in this matter if you have any information please feel free to e-mail me information on what to do in this matter Thank You in Advance.

leroy brown - June 2, 2011 10:48 AM

what is the statute of limitations on a speeding ticket and a failure to apear ticket, these tickets are from 1999 and they are from a county 400 miles from where i live, i have never been to that county i explained that i was a victom of idenity theft and even gave them the name of the person that stole my idenity , but they still want me to pay them, is there a motion i can file to get these dismissed

John - June 24, 2011 2:05 PM

I'm 18 and my girlfriend of three years is now 17. She's legal in Texas and the other night while I was out of town we were talking on the phone and she asked me to take a nude picture of myself and send it to her. Somehow her mom got a hold of it and is threatening me with legal action if I talk to her ever again. I'm aware that this was a giant mistake but I'm wondering if there's an expiration to this, namely, which statute of limitation would apply? If I'm correct, does this mean that to avoid any legal penalties I'd have to stay away from her for 10 years from her 18th birthday?

John - June 24, 2011 2:09 PM

I'm 18 and my girlfriend of three years is now 17. She's legal in Texas and the other night while I was out of town we were talking on the phone and she asked me to take a nude picture of myself and send it to her. Somehow her mom got a hold of it and is threatening me with legal action if I talk to her ever again. I'm aware that this was a giant mistake but I'm wondering if there's an expiration to this, namely, which statute of limitation would apply? If I'm correct, does this mean that to avoid any legal penalties I'd have to stay away from her for 10 years from her 18th birthday?

Necrotized - November 13, 2011 3:56 PM

I am taking into account that all of you are or used to be Texan, so intelligence is not a family trait you posses, but you have been posting to a board asking a question, when the answer to your question is already posted at the top. Just read it. Most of you probably can't read so have someone do it for you. If that link is too difficult to click, try this "new" website, wikipedia. It has a complete list of statutes of limitation for all the states. You do know what a "statute of limitation" is, right? I'm not surprised that a group of degenerates like yourselves would be looking it up 15 years later in some cases, but ask yourself, 2 questions to figure it out. 1- were you charged with the crime? if the answer is yes, no limitation. no, depends on the crime, look it up. Question 2 - why haven't i killed myself yet. Obviously you are a useless piece of s-h-i-t, so do us all a favor, that way you won't have to worry about statutes of limitation any more.

Ray - March 3, 2012 5:55 PM

How would I get a 1981 Poss Controlled Substance expunged from my record.

jane - March 11, 2012 4:43 PM

I have a ? My son lives in NM. He was visiting & was picked up with a DWI & his level was .05. He consulted an attorney in NM & they told him not to come back for his hearing because they would jail him as he was out of state. This is his 1st offence anywhere. My ? Is where does he stand here if he comes to visit or gets picked up in TX, also how long will this show on his record. We have received nothing from TX beyond a notice that his TX license was suspended for 60 days which he never had a TX lisc.

wendy - August 27, 2012 9:08 PM

Mr.Styx man,ma b the G reaper man will carry ur ass off to swim n the "river Styx" w/him!!! (for passing ur judgment on fellow humans & believing ur judgment supersedes the judgment of GOD!!!)

Veronica - November 29, 2012 5:58 PM

I just noticed that I have a warrant for my arrest as of 6/20/2012 for missapp fiduciary property/financial property for something done in 2005 in Texas. I have lived in Texas all my life, working, etc. Does the statute of limitations apply to me? I am not sure what I need to do.

bobby - September 6, 2014 1:40 AM

I got pulled over and arrested for a d.w.I 4 years. Ago. I didn't get a field sobriety test or a breath alyzer or b lol ood test. Just toom to jail. I bonded out the next day and ended up going to court 3 different times shortly after. My co worker who got arrested as well had court also everytime I did. I wasn't driving he was. But I got the d.w.I and he got charged for the pot I had. We told the judge that he was driving and that they had charged him with my pot. So they said they would reschedule. Havent heard nothi g In 3 years untill a couple days ago they gave me a court date. Isnt their a statue of limitations on this? What's going on with this?

bobby - September 6, 2014 1:41 AM

I got pulled over and arrested for a d.w.I 4 years. Ago. I didn't get a field sobriety test or a breath alyzer or b lol ood test. Just toom to jail. I bonded out the next day and ended up going to court 3 different times shortly after. My co worker who got arrested as well had court also everytime I did. I wasn't driving he was. But I got the d.w.I and he got charged for the pot I had. We told the judge that he was driving and that they had charged him with my pot. So they said they would reschedule. Havent heard nothi g In 3 years untill a couple days ago they gave me a court date. Isnt their a statue of limitations on this? What's going on with this?

bobby - September 6, 2014 1:42 AM

I got pulled over and arrested for a d.w.I 4 years. Ago. I didn't get a field sobriety test or a breath alyzer or b lol ood test. Just toom to jail. I bonded out the next day and ended up going to court 3 different times shortly after. My co worker who got arrested as well had court also everytime I did. I wasn't driving he was. But I got the d.w.I and he got charged for the pot I had. We told the judge that he was driving and that they had charged him with my pot. So they said they would reschedule. Havent heard nothi g In 3 years untill a couple days ago they gave me a court date. Isnt their a statue of limitations on this? What's going on with this?

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