How long do they have?

[CruAngel927]

What is the name of your state (only U.S. law)? Texas

I warrant for my arresst was issued in 2007 for state jail felony theft. I was not aware of it untill 2 months ago when I got pulled over for a bad tail light. I posted bail got out the next morning. This warrant is so old that it even shocked the local police dept because I had been there before for hot check and they never caught it. My question is how long do they have to take this to court. I have heard 5 yrs from the date of commission but I am unsure as to what that is. Can someone clarify please? Thank you

 

[swalsh411]

Arrest warrants don't expire.

You're thinking of Statutes of Limitation which is the maximum time permitted between the commission of an alleged crime and charging that person for the crime. You've apparently already been charged so that doesn't come into play.

You are fujitive. You need to deal with this or it will follow you for the rest of your life. An honorable person does not run from their problems.

 

[CruAngel927]

I know that warrants do not expire that was not what I was asking. Yes I am dealing with this as I was arrested and posted bond. I was just asking how long do they have to take it to court. I have heard 5 yrs from the date of commission and I do not know what that is?

 

[swalsh411]

The SoL on general felony theft in TX is 5 years.

I'm not aware of any statutory limit on the amount of time they have to begin your trial at this point in the process. Somebody else may come along with more knowlege.

 

[CavemanLawyer]

There is no Texas statute requiring the State to take a case to trial within any specific time frame. The statutes regarding "limitations" only apply to the time allowed to formally file the charges, (aka: present the case to Grand Jury for a felony offense.) If you read Texas' speedy trial statute it simply says that cases need to be brought to trial as practically as possible and that criminal cases must be given priority over civil cases. The general right to a speedy trial is something provided for under the Texas Constitution and the US Constitution. There is some point at which your right to a speedy trial has been violated and the case can be dismissed with prejudice by the judge. It is entirely fact specific and going to be governed by case law. It is not so much how long the State waits as it is their diligence in their actions. I can tell you that cases of speedy trial violations usually deal with extreme facts and years and years of delay and often no prospect of the case ever going to trial.

The only other Texas statutes forcing the State to get ready on criminal cases deal with people who are not able to make bond. For example, if the State cannot show that they are ready for trial within 90 days of the person becoming incarcerated, then the person must be released on a PR bond or a bond they can make. It doesn't in any way prevent the State from still prosecuting the person.