Legal Question in Criminal Law in Texas
I was issued a warrant for my arrest recently for a bad check inthe amount of 35.00. The check was wriiten in 03. I understand that the statute of limitations is 2 years. Why is there a warrant issed now?
2 Answer from Attorneys
Yes, there's a two year statute of limitations on misdemeanor offenses, so if the case itself actually did just get filed, you can get it dismissed on that basis. But for what it's worth, I doubt that's what happened. Sometimes those warrants can sit out there for a very long time, without you ever finding out about them until you go to renew your driver's license or something. As long as the case itself got filed within two years from the date the check was written, the case would technically be valid, though the reality is that it would probably be difficult or impossible for them to prove up if you demanded a trial. Usually, you can get check cases dismissed if you'll offer to pay the check and their administrative fee, and then you can get the case expunged so that it won't show up on your record anywhere. Actually, there is one other thing there about the statute of limitations, though I doubt it applies here--I just noticed you listed an out of state ZIP code, and if you are not physically in the State of Texas, the statute of limitations is "tolled", or suspended, until you come back. Doubtful that has anything to do with this, but technically, it's out there, and that's the only reason a misdemeanor case would not have to be filed in court within the first two years.
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