Legal Question in Criminal Law in Texas

active warrant/statute of limitations

There seems to still be two active warrants for me for 1) second offense DUI and 2) probation revokation. The later of these was in Aug. of 2000. I was never served at home during the following 3 years and have since moved to NM where I have remained clean and earned an academic scholarship to complete my engineering degree at NM Tech. I really want this resolved but don't know what my options are. My life has been completely turned around for the best and the thought of losing it all now scares my wife and myself to death. HELP!


Asked on 4/18/04, 12:20 am

4 Answers from Attorneys

Basil Hoyl Law office of Basil Hoyl

Re: active warrant/statute of limitations

This may involve a few issues which have been a "hot topic" in the high criminal court in Texas. There are many things a lawyer would want to know such as the county where the charges are filed, the term of your probation and when the motion was filed and a few other things. If your case is in Dallas, Tarrant or surrounding counties, you may contact my office. Otherwise you may wish to contact a lawyer in the county where the charges are pending.

http://www.reasonable-doubt.com

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Answered on 4/18/04, 5:33 pm

Re: active warrant/statute of limitations

Where did this occur?

You said this was a second offense DUI and probation revokation. The probation was for the first offense?

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Answered on 4/18/04, 12:43 am
John Armstrong The Law Office of John W. Armstrong

Re: active warrant/statute of limitations

You may have an argument of "Due Diligence", since you said the MRP (Motion to Revoke Probation) was pending for three years and you were at the same residence. However, once you left the State of Texas, the clock stopped ticking for any "Statute of Limitations" argument, not to mention the fact that there is no statute of limitations once a warrant is issued unless there is an error in the charges that were filed. However, you need to contact an attorney in your area, and have them look at the case more thoroughly.

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Answered on 4/19/04, 8:39 am
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: active warrant/statute of limitations

It is always better to resolve such issues before you get picked up on a warrant or extradited. Contact an attorney who can investigate the situation and advise you how the charges can be dealt with. When you know before hand, you can prepare to meet whatever requirements there are. If you ignore the situation and are later arrested, it will be much more difficult to resolve matters from jail.

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Answered on 4/18/04, 9:30 am


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