In Texas criminal law, statutes of limitation speak to the length of time, after the date of alleged offense, that the State of Texas can file charges against you. For all misdemeanors, the statute of limitation is two years. For example, if it’s alleged that you committed a misdemeanor on January 1, 2012, the state must file charges against you no later than January 1, 2014. If they attempt to file the case anytime thereafter, your attorney can file a motion to dismiss for want of jurisdiction, which the judge should grant. On felonies, the statute of limitation varies. Unless otherwise defined by Article 12.01 of the Texas Code of Criminal Procedure, listed below, the statute of limitation for felonies is Continue reading
Have you written a bad check? If you’ve written a check that was returned due to insufficient funds, you could be criminally charged with the offense of issuance of a bad check. In Texas, issuance of a bad check is a class C misdemeanor, which is punishable by up to a $500 fine. In order for someone to file an issuance of bad check charge against you, they will file a complaint with a justice of the peace court. By law, they are required to send you notice, via certified mail, to your last known address, informing you that they hold a hot check, allegedly written by you, that was returned by the bank for insufficient funds. If you fail to respond, a criminal charge for issuance of a bad check can be filed against you, and a warrant issued for your arrest. Frequently, those being charged with issuance of a bad check are unaware that charges have been filed, and a warrant issued. Many times, this occurs because the “last known address” of the defendant isn’t where they actually reside (e.g., they’ve moved). As a result, the defendant may not receive notice that an issuance of bad check case is pending. and may not learn of the arrest warrant that’s been issued… until a constable comes to their home or office to serve the warrant, or they get pulled over in a routine traffic stop and are taken to jail. If a warrant has been issued for your arrest, due to a bad check you’ve allegedly written, it’s possible to avoid being arrested. An attorney can post an attorney bond on your behalf, thereby removing the warrant without your having to go to jail. Once the warrant is removed, the case is set for a court date, at which an attorney can represent you. Many times, it’s possible to obtain a dismissal of the case, if restitution on the check is made. If the check was forged, a handwriting analysis can be undertaken, and potentially eliminate the defendant as the writer of the check. Also, if it appears, after an analysis of the state’s evidence, that the prosecutor may be unable to prove the case, beyond a reasonable doubt, against the defendant, it may be possible to obtain a dismissal on that basis, as well. If you have an outstanding hot check charge, the worst thing you can do is to sit idly by, and hope that it simply goes away. It won’t! Take action, before it’s too late.
The Great Texas Warrant of Roundup of 2016 is slated to begin next month. Once underway, police agencies throughout the state will undertake a concerted effort to arrest you, if you have pending warrants. These agencies include city police departments, constables, deputy sheriffs, and warrant officers. The Great Texas Warrant Roundup of 2016 is a coordinated effort among these various law enforcement agencies to arrest those with active arrest warrant of any type. Whether you have Continue reading
If you’ve successfully completed deferred adjudication probation, you may be eligible for an order of non-disclosure. Once granted by the court, an order of non-disclosure seals your case from public view. When your case is sealed, potential employers won’t be able to see any criminal history information associated with this arrest or charge (though this information is still available to law enforcement, and certain governmental agencies).
If you’ve received a traffic citation, you may have more than just the fine to worry about. Traffic ticket convictions can lead to Texas surcharges. If you’re convicted of a traffic ticket, the Texas Department of Public Safety may impose Texas surcharge fees, in addition to any fines you may be ordered to pay to the court. At the time the court fines are levied, no one will tell you about the pending surcharges. Rather, at a later time, you will receive a letter from the state, indicating that these Texas surcharge fees are Continue reading
Have you been arrested for possession of marijuana? Even though many states have legalized marijuana possession, either for medicinal or recreational purposes, you can’t lawfully possess marijuana in Texas for any reason. If you’re alleged to possess a “usable quantity” of marijuana, two ounces or less, you can be arrested and charged with class B misdemeanor possession of marijuana, which carries a penalty range of up to Continue reading
Are you looking for the Dallas County warrant list? If you think you have a warrant out for your arrest in Dallas, locating it isn’t as easy as you might think. To determine whether you have a warrant, the first step is to determine whether you truly have a Dallas County warrant, or a warrant issued by the City of Dallas. Dallas County warrants can be issued on felonies, misdemeanors, or traffic violations. When searching online for a Dallas County warrant list, you may wish to visit the Continue reading
Have you been cited to appear in the City of Irving Municipal Court? If you’ve been pulled over by a City of Irving Police Officer, and issued a traffic ticket, you will be required to appear in the City of Irving Municipal Court. Aside from traffic tickets, the City of Irving Municipal Court also has jurisdiction over other class C misdemeanor criminal offenses. These include public intoxication, disorderly conduct, manifestation for the purpose of prostitution, and Continue reading
Is your criminal history holding you back? You may be eligible for an order of non-disclosure. Once granted by the court, an order of non-disclosure can seal your criminal history information from public view, thereby allowing you to obtain employment that would otherwise be unavailable to you. Also, an order of non-disclosure may allow you to rent an apartment or condo that you’ve been denied in the past. Once an order of non-disclosure has been granted in your case, you can Continue reading
March Madness is upon us. No, I’m not talking about all the great college basketball games you’re probably watching these days. The March Madness I’m referring to is known as The 2015 Great Texas Warrant Roundup. Unlike the March Madness associated with basketball, the 2015 Great Texas Warrant Roundup is part of a Continue reading