What Happens If You Are Not Charged Within 180 Days

Have you ever wondered what happens if you are not indicted within 180 days of being accused of a crime? In Texas, the statute of limitations plays a crucial role in determining the time frame within which charges can be brought against an individual. Let’s take a closer look at this vital legal concept and understand its implications.

What is the Statute of Limitations for Criminal Cases in Texas?

The statute of limitations refers to the period during which a prosecutor can file charges against an individual for a specific offense. The length of this period varies depending on the nature of the alleged crime. It’s important to note that certain offenses have no statute of limitations at all. However, there are also situations where the statute can be “tolled” or paused. The Texas Code of Criminal Procedure contains detailed information about the limitations for various criminal offenses.

How Long are the Statutes of Limitations in Texas?

The statutes of limitations in Texas differ based on the severity of the offense. For misdemeanors, the statute of limitations is two years. Unless specified otherwise, the statute of limitations for felonies is three years. However, some felonies have specific limitations, typically at five, seven, or ten years. In cases such as murder and aggravated sexual assault of a child, there is no statute of limitations whatsoever. Additionally, the age of the victim may also affect the limitation period for certain offenses.

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Why Do Statutes of Limitations Exist?

The purpose of statutes of limitations is to strike a balance between the need for victims to come forward and the accused’s right to defend themselves with relevant evidence. By implementing a time limit, the legislature aims to prevent cases from being filed after a substantial delay, when evidence may have deteriorated or become obscured. These statutes vary depending on the offense, and they may also be tolled or suspended under specific circumstances.

Can the Limitations Clock Be Stopped?

Yes, the statute of limitations in Texas can be tolled or paused in certain situations. For instance, if the defendant is absent from the state, the limitations period may be paused. Additionally, the clock stops running if the accused is under indictment for the same conduct or act. Tolling occurs when there is a temporary suspension of the limitations period, allowing the state more time to bring charges against the defendant.

How Long Can a Felony Charge Be Pending?

Once a felony case is filed, the statute of limitations is tolled, meaning that prosecution won’t be barred solely due to the passage of time. However, there are limits to how long a case can remain pending. If an indictment is not obtained within the first 90 days of a person being in custody or the first 180 days of a person being on bond, the individual must be given a reasonable or personal recognizance bond. While the case can still be pending, there are curtailments on a person’s liberties without indictment. In rare cases, a judge may grant a motion for speedy trial dismissal if the case has been pending for an extended period.

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Understanding the statute of limitations is crucial if you find yourself involved in a criminal case. By knowing the time period within which charges must be brought against you, you can make informed decisions regarding your legal options. If you have any questions about the statute of limitations in Texas or how it may impact your case, it’s essential to consult a knowledgeable attorney who can provide you with the guidance you need.

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