La Vernia, TX asked in Criminal Law for Texas

Q: Tx criminal procedure Sec 1 Art. 12.02 on misdemeanors does indictment to be presented within 2 years still apply?

June 2014 ticketed for expired buyers tag/failure to report address change. Didnt go to court so in july 2014 got failure to appear and violate promise to appear. My DL expires soon and I get a notice saying DL will not be renewed. Are the warrants still valid and none of what im charged with is listed as offences reported to DPS so why no dl renewal

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2 Lawyer Answers

Grant St Julian III

Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: The charging instrument for misdemeanor cases (the information/complaint) must be filed with the court within 2 years from the date of the alleged offense. Once the case is filed and is a warrant is subsequently issued, the case can remain pending indefinitely. Talk with an attorney in the county where the warrants are pending to see what can be done about posting a bond. Good luck.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace

Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: The statute of limitations will only help you if they failed to file the formal charging document. For a class C the formal charges could technically be in the form of an indictment, but that almost never happens. Class C cases are much more likely to be charged by Complaint or Information.

NOTE: The words "Complaint" and "Information" in this context do NOT mean the same thing as you would expect in everyday language. Those are the names of formal charging documents.

Either hire a traffic ticket attorney to deal with fighting the cases or, if you don't want to fight, contact the court and find out if you can pay the ticket online or over the phone. It is probably best to call an attorney since just entering a guilty plea can lead to other consequences for your drivers license.

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