Q: Pro se, representing myself needing motion to dismiss criminal case due to statute of limitations running out in 2023
Need template or word document. I cant find one anywhere.
A:
A motion to dismiss cannot be filed by a criminal defendant, or criminal defense attorney, in Texas. Only a prosecutor can file a motion to dismiss.
You will have to file a pretrial writ of habeas corpus. You will need to show that the statute of limitations expired before you were indicted and that there are no applicable exceptions or matters which might toll the running of the statute.
Since the COVID pandemic must have occurred between the commission of the offense and the date you say limitations expired in 2023, carefully check all of the COVID orders issued by the Texas Court of Criminal Appeals and the Supreme Court of Texas (I think there are about sixty). There WERE orders issued as a result of the COVID pandemic that affected statutes of limitations, but I can't say if they pertain to your particular case or not.
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