Statue of Limitations on a Felony Charge
Q.I would like to know if there is any statue of limitations for a felony forgery charge? If charged and convicted of forgery in 1996 or 1997, can the court still sentence the person in 2004? The guilty was sentenced to probation in 1996 & again in 1998. A warrant was issued in 2000 with a motion to revoke probation, but the guilty party was not picked up until 2004. Can the courts still prosecute for a case that happened many yrs ago? The guilty party is currently serving time for this charge after being arrested due to the warrant. I am wondering if Texas statue of limitations prevents the law from seeking punishment for a crime that happened in 1996 or 1997. If there is a statue of limitations, how can a person go about to have the courts decision to revoke probation reversed?
A.The issue of when a motion to revoke probation may be served and tried with respect to the end of probationary period has been the subject in recent years of much writing by the high court in Austin. Several opinions of the Court of Criminal Appeals have addressed this type of issue, and much depends on the particular circumstances of your case. Whether the probation was a deferred adjudication is one important question. You need to have a lawyer review the particular facts of your case.
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