Legal Question in Criminal Law in Texas

Texas Statue of Limitation on a Second Degree Felony (1990)

I was convicted of a second degree felony (theft over $20,000) Jan 16, 1992. (Original arrest date 11/26/90) The case was appealled. The appealate court reversed the decision and reprimanded the case back to the court, as if it were never tried. I have not been reindited. I am set to go to trial again on the original inditement on 02/02/98.

Isn't there a statute of limitations on such an offense, and if so is the date from the date of my arrest or the date of inditement, and is the "clock" stopped at any point for the trial, appeal, etc.? Also, why doesn't "Double Jeopardy" apply to this case?

It seems to me that because the prosecutor erred, the state is getting a second chance to re-try the case, whereas, if my attorney had erred I would not get a second chance to have my case heard.


Asked on 1/13/98, 7:36 pm

1 Answer from Attorneys
Gerald McDougall Law Office of Gerald McDougall

Various questions on s/l and appeals

The statutte of limitations for theft of this nature is 5 years from the date of the occurance. (Tex Code Crim Pro. 12,01 (4)(A)., however, once the complaint is filed, - whichi is the commencement of an action, the clock stops, and never restarts.

On a reverse and remand for new trial, and -there is no need for a reindictment, nor is there any double jeopardy claim since you were not FINALLY convicted of the offense you are being retried for.. Further, since the state cannot normally appeal a jury verdict, it seems your attorney got and will get a "second bite" at the apple. Otherwwise your case would NOT have been reverse and remanded for a new trial.

And, when a case is appealed, it is the COURT which has erred, not the prosecutor. This thing will end when and if you are acquitted or finally convicted of the offense.

Read more
Answered on 1/21/98, 5:06 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas