Midland, TX asked in Criminal Law and Domestic Violence for Texas

Q: There was 3 charges back in October of 2011 that were all misdemeanors. Is there a statute of limitation in texas?

Charges were domestic violence, unlawful restraint, and terroristic threat. All accusations were fabricated and in the discovery was absolutely no evidence of any factual statements. The courts have already tried dropping the terroristic threats and the unlawful restraints but the domestic violence charge has been getting dragged out for almost 3 years now... since these charges I have moved on to the other side of the state of Texas have had complete contact with attorney and bond agency. Now my question was is there a statue of limitation for this to be dropped as well or do I still have to jump through these courts hoops and wait.. the pending charges have caused me to miss out on career opportunity employment due to it pending on my background checks. This is just all just a huge headache. Any ideas or answers would be hugely appreciated. Thank you.. *update. it was October of 2020 NOT 2011*

1 Lawyer Answer
Grant St Julian III
Grant St Julian III
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: To answer your direct question: yes, there IS a statute of limitation in Texas BUT the statute of limitations is satisfied once the charging instrument is filed by the State with the court. The statute of limitations does not deal with delay is resolving a case once it has been filed. The situation you describe deals more with the question of denial of the constitutional right to a speedy trial. Have this conversation with your attorney. Good luck.

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