• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Statue of Limitations Question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state? Texas

In 2002, I was charged with a misdemeanor and the case was dropped by the DA due to technical errors within the indictment. Can the prosecutor re-charge the case or will the Statue of Limitations take effect?


Senior Member
If the charges were filed and dismissed, SOL does not apply. No, they can't charge you again for the same crime.


Hold It!

You CAN be re-charged with the same crime if the case was dismissed by the DA/SA, if more evidence is collected that proves their case. A case can be dismissed by the Prosecution, known as Nolle Prosse (pronounced nole PROSS), or nolle prosequi; or the case can be dismissed by the Judge, with or without prejudice, often done when certain procedures are not carried out within a specific period of time (for example if the prosecution does not file a formal charge within 30 to 45 days of a person's arrest if the person remains in jail).

If the Judge finds that the case is permanently unprosecutable, such as because there is evidence of tainted police procedures, he can dismiss the case WITH prejudice, meaning the case is forever barred from prosecution.

The DA may also nolle prosse a case if a person enters a pre-trial agreement, similar to probation, and fulfills the conditions of such, such as community service hours and/or restitution. If this happens this is part of a plea agreement, and upon satisfactory completion, is forever barred from prosecution.


Yes, since this is 2005, your 2002 case is forever gone because of the Statute of Limitations, which is no more than two years for a misdemeanor case in most states, but not simply because the case was dismissed, unless the arguments I mentioned above are true.


There is no such thing as a STATUE of limitations

There is no such thing as a statue of limitations in any state or federal laws. Any statue which limits you must be moved out of the way if it presents a fire hazard.

The word you're looking for is Statute, meaning laws or rules.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential