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08-23-2007, 10:12 PM
| | Junior Member | | Join Date: Aug 2007
Posts: 7
| | | Texas Statutory limits
does anyone know what the statutory limits is for offenses not filed in texas? My offense hasn't been filed in 5 months now and was wondering if texas has a limit? i know in new mexico its 6 months. If anyone can help i would really appreciate it. |
08-23-2007, 10:14 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,044
| | | It is usually around 12 months.
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08-23-2007, 10:42 PM
| | Member | | Join Date: Mar 2006
Posts: 168
| | | There is no such thing anymore as a "statute of limititation". While that may exist in writing, it's another one of the old laws that is rarely exercised in today's world. They can file a case against you 20 years from now and the courts will gladly accept it. |
08-23-2007, 11:03 PM
| | Junior Member | | Join Date: Aug 2007
Posts: 7
| | | thanks i thought their was a time limit and i honestly dont think the court after 20 years can accept a case i've hade a case take a year and get dropped cause it took to long to file and etc, sorry silly but thats just not beliveable
thanks everyone |
08-23-2007, 11:13 PM
| | Member | | Join Date: Mar 2006
Posts: 168
| | | Well, I hope you're right |
08-23-2007, 11:16 PM
| | Member | | Join Date: Mar 2006
Posts: 168
| | | Since you've posted in the DUI forum, I presume what you're dealing with is alcohol related. As far as alcohol is concerned, I think you're going to find that the door will always be open. |
09-26-2007, 11:27 PM
| | Member | | Join Date: Sep 2007
Posts: 713
| | | You guys have got to be kidding me. Statute of limitations are contained in the Code of Criminal Procedure. Its the law and it absolutely is applied and followed in every single case filed in Texas, criminal or civil. If the statute of limitations has run on your case than it cannot be proceeded on, period.
In Texas, all misdemeanors have a SOL of 2 years. Felony SOL vary by charge. Here is Art. 12.01 which deals with felony SOL:
[url]http://tlo2.tlc.state.tx.us/statutes/docs/CR/content/htm/cr.001.00.000012.00.htm[/url]
Note that the statute of limitations applies to when the charges have to be filed by. Once the charges have been filed there is no strict limit on how long the case can be pending before it is either dismissed or adjudicated. At some point the Defendant's right to a speedy trial is violated if the pending charges are not dealt with, but this can be many years and the delay has to be on the part of the State.
Last edited by CavemanLawyer; 09-26-2007 at 11:30 PM.
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09-27-2007, 04:04 PM
| | Senior Member | | Join Date: Jan 2005 Location: North Florida
Posts: 1,625
| | | BigMistakeFl
Loved your Geico commercials, but your TV show frankly stinks.
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"I only had a couple of drinks..... there's no way I was impaired!." |
09-27-2007, 07:27 PM
| | Member | | Join Date: Sep 2007
Posts: 713
| | | No relation to those stupid cavemen. Its a reference to the old SNL sketch with Phil Hartman. |
09-28-2007, 08:57 AM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,285
| | | The statute won't keep you from being charged, but it sure is a good defense from the trial going very far. Stuff like this gets argued all the time even to this very day. | |
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