Q: statute of limitations on the time someone in a county jail facility with a judgement of "time served" is to be release?
How long can someone remain detained on a probation provocation in a county jail facility after a judgement of "time served", "to be released" on a 9 month sentence with a 13 month credit?
A:
The statute of limitations specifies the maximum allowable delay between the commission of a crime and the filing of formal charges. For example, since the limitations period is 2 years for misdemeanors the state can't now file a new misdemeanor criminal case against you for something you did more than 2 years ago. Although a misdemeanor crime you committed 1 year and 364 days ago is fair game. There are some circumstances, like leaving the state of Texas, which cause the limitations clock to stop ticking. The limitations clock also stops while the formal charges are pending, so that means you can't just ignore a warrant and assume that prosecution will eventually be barred by limitations... because it won't.
It sounds like you might be asking how much time a person will serve after their community supervision was revoked. The easiest answer is probably just to ask the person's criminal defense attorney. If you want to do it yourself, you'll need to examine the case disposition documents in the court's file to determine the sentence, then determine the amount of jail credit applied. Be aware that community supervision is sometimes revoked because the person committed a new crime, so they might be incarcerated on the new offense rather than the old one.
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