Legal Question in DUI Law in Texas

indictment

how long does a court have to issue an indictment for a crime?

I recieved a dwi over 100 days ago and haven't heard anything pertaining to this. Is there a time limit that they should have in contacting me? And can I have it dissmissed?


Asked on 2/21/04, 9:59 am

1 Answer from Attorneys

John Armstrong The Law Office of John W. Armstrong

Re: indictment

First, I am guessing you were arrested for the first time for DWI, in which case it is a misdemeanor, and the statute of limitations on a misdemeanor according to Article 12.02 of the Code of Criminal Procedure is within two years from the date of the commission of the offense... However, if it is a felony DWI then that Statuted of Limitation will be three years. Consequently, they can and probably will be bringing those charges soon. My advice is that you find you a DWI lawyer to start handling your case right away. I hope you did not let your ALR hearing go by the wayside. Somebody should have been fighting that for you.

Good Luck.

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Answered on 2/23/04, 5:43 pm


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