Legal Question in Criminal Law in Texas

I'm going to guess what you are talking about. I assume that you are saying that the time for a complainant to report a sexual assault was barred by the statute of limitations yet the case was prosecuted, apparently by a trial, and your father got life for it. What can be done?

The issue must be raised at trial. If it was not, then it may be that there is an issue of ineffective assistance of counsel that can be raised by a lawyer on an application for habeas corpus review.

Be aware that the statute of limitations is tolled while the case is pending / after the charge has been filed

Assuming it has not been more than thirty days from the date of sentencing you can file a Motion fore New Trial and/or a Notice of Appeal and/or possibly a motion for judgment n.o.v.

If it has been within 45 days of sentencing he may be able to file an appeal and tell the court of appeals why he did not file his appeal within thirty days.

If it has been more than thirty days then a more complicated writ would have to be filed.

I would recommend you contact and consult with attorney immediately. I would urge you to obtain a second opinion to this question.

I have not researched my response and my response is based upon my general knowledge of the law generally which is subject to change.

Mark Di Carlo

361-888-6968

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