Asked in Criminal Law for Texas

Q: I was arrested on 4/20/2020 for possession of controlled substance. Wasn't indicted till January 7 2021.

I was wondering what the statue of limitations is for filing an indictment. Also I have been requesting an attorney, court appointed, since I was arrested , and they have refused saying that I can't get a lawyer until my case is filed. I got a call on January 30 saying I have court on the 5th of February and that a warrant had been issued for my arrest. Help please

Related Topics:
3 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: The statute if limitations for the case you describe is three years from the date of the alleged offense.

Kiele Linroth Pace agrees with this answer

Rick  Davis
Rick Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

A: The statute of limitations will depend on the offense charged. Look in Chapter 12 of the Texas Code of Criminal Procedure.

https://statutes.capitol.texas.gov/SOTWDocs/CR/htm/CR.12.htm

Kiele Linroth Pace agrees with this answer

Michael Hamilton Rodgers
Michael Hamilton Rodgers
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: The filing of your case is well within the Statute of Limitations, assuming that your upcoming court setting is the result of your case being filed. What the exact Statute of Limitation is in your case cannot be determined from the information you included in your question.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.