Legal Question in Criminal Law in Texas
Is there a sch thing as a statute of limitation on motion to revoke probation? and if so how long?
1 Answer from Attorneys
Sort of. If there is a warrant out on a motion to revoke probation that no one acts on and the probation long expires, then there is old law that supports dismissal if the State made insufficient efforts to get the guy. I believe that the burden of proof has now been shifted to the defendant to prove that he was easy to find and the State didn't bother.
If you are asking if you commit some violation and they don't file on it immediately but delay and file on it later, then no - they can do it any time. And in fact, if they do not rule on the violation but instead dismiss it (because of amending probation, etc.) then it can be brought back up again in the future.
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