Been out on bail for 6 years

[MonoxideC]

What is the name of your state?What is the name of your state?What is the name of your state? TX

In 1999, at the age of 19, me and a friend found 5 personal checks that were presigned by the owner. I used two of these checks at a convenience store (a total of roughly $50), and made one of them out to my friend for $1400, which he cashed.

Stupid move, yeah - I wasn't the brightest kid back then.

But anyway, a few months later, we were arrested. My warrant was for 4 counts of forgery by passing, and his was for theft. He went to court and received probation.

I bonded out on $17,000, and that is the last I heard of the matter. It's been 6 years, and I am now 25 years old.

Are the courts really *that* backlogged? To my knowledge, I was never even indicted. I have built a pretty decent life for myself since that life altering event (spending 2 weeks in jail waiting for bond), and I still have a fear that this is going to come back and ruin everything.

I stopped checking in with my bail bondsman years ago, so for all I know I guess i *could* have had a courtdate that came and went. But this seems
unlikely to me since I haven't heard a peep from the bondsman (and I am still at the same address/phone number). And I would think that failure to appear on a felony charge would cause several unhappy men in police uniforms to show up at my door to forcibly remove me from the premesis. Especially considering that they sent 4 cars and a police dog the first time.

Is there any sort of limit on how long these things can take? Can I still be prosecuted?

 

[stephenk]

on Monday call the bailbond office and ask.

 

[Kane]

You still have four years to go before the statute of limitations will have run in your case.

Art. 12.01. Felonies

Except as provided in Article 12.03, felony indictments may be
presented within these limits, and not afterward:

*
*
*

(2) ten years from the date of the commission of the offense:

*
*
*

(C) forgery or the uttering, using or passing of forged
instruments;

Edit: However, if you are ultimately indicted, you should talk to your attorney about filing for a dismissal on speedy trial grounds.

The US and Texas constitutions guarantee the right to a speedy trial, but there is no specific time limit. Instead, the US Supreme Court has said courts must perform a balancing test, considering four factors. Each case must be considered individually.

1) "whether delay before trial was uncommonly long";(fn8)

2) "whether the government or the criminal defendant is more to blame for that delay";(fn9)

3) "whether, in due course, the defendant asserted his right to a speedy trial";(fn10) and

4) "whether he suffered prejudice as the delay's result."(fn11)

However, I suspect the courts would say that six years is too long, especially since they haven't even managed to obtain an idictment.

In Zamorano (84 SW3d 643, 2002), the Court of Criminal Appeals said that four years was too long in that case.

 

[BelizeBreeze]

What is the name of your state?What is the name of your state?What is the name of your state? TX

In 1999, at the age of 19, me and a friend found 5 personal checks that were presigned by the owner. I used two of these checks at a convenience store (a total of roughly $50), and made one of them out to my friend for $1400, which he cashed.

Stupid move, yeah - I wasn't the brightest kid back then.

But anyway, a few months later, we were arrested. My warrant was for 4 counts of forgery by passing, and his was for theft. He went to court and received probation.

I bonded out on $17,000, and that is the last I heard of the matter. It's been 6 years, and I am now 25 years old.

Are the courts really *that* backlogged? To my knowledge, I was never even indicted. I have built a pretty decent life for myself since that life altering event (spending 2 weeks in jail waiting for bond), and I still have a fear that this is going to come back and ruin everything.

I stopped checking in with my bail bondsman years ago, so for all I know I guess i *could* have had a courtdate that came and went. But this seems
unlikely to me since I haven't heard a peep from the bondsman (and I am still at the same address/phone number). And I would think that failure to appear on a felony charge would cause several unhappy men in police uniforms to show up at my door to forcibly remove me from the premesis. Especially considering that they sent 4 cars and a police dog the first time.

Is there any sort of limit on how long these things can take? Can I still be prosecuted?

You could also have a warrent out for your arrest for failure to appear and for jumping bail.

And if that IS the case, there is no SOL. You stopped it when you stopped checking on your case.

 

[Kane]

Like Stephan said, talk to your bondsman. After you talk to him, go down to the clerk's office for criminal cases in your county, and look at the file. (You'll need a cause number - it should be on your bond papers. If you don't have them, ask your bondsman.)

If the file has a State's Motion to Dismiss, signed by the judge, your case has been dismissed. If it has a capias or a warrant... well, you'll need to talk to your bail bondsman again.