How Does the SOL Work?
In Texas, there are specific laws in place that dictate how long the state has to press charges against a defendant. These are known as statute of limitations (SOL) and these laws set a maximum time limit on prosecutors, who must file their cases before the expiration of this deadline. When the statute of limitations passes, the criminal charge in question becomes time-barred, meaning that the state can no longer pursue the accusations against the defendant. The length of the SOL varies depending on the type and severity of the criminal case in question, although for some serious criminal offenses, the statute of limitations is waived entirely.
The Purpose of the Statute of Limitations
The primary purpose of the statute of limitations is to ensure that the evidence used against a defendant isn’t degraded or lost. Generally, the longer the amount of time between an arrest and a trial, the more likely it is that evidence will be lost, stolen, or damaged, which can result in unfair convictions. If, for instance, DNA evidence isn’t carefully stored and transported it could become compromised, leading to unfair accusations against a defendant. Although there are specific rules about the chain of custody that are intended to keep evidence from getting ruined, these rules aren’t always obeyed, which can lead to the use of flawed evidence at trial. Shorter statutes of limitations ensure that cases are brought in a timely manner.
Examples of Statutes of Limitations in Texas
How long the state has to press charges against a defendant depends mostly on the severity of the allegation. For instance, most misdemeanors must be brought to court within two years, while prosecutors have at least three years to press charges for felony offenses. Robbery, burglary, and some theft related crimes, for example, all have five year statutes of limitations. It’s also important to note that certain violent crimes don’t have statutes of limitations in Texas, which means that the state can file charges against a defendant for those kinds of crimes at any time. This includes offenses like murder and some serious sexual and trafficking crimes, especially against children.
Exceptions to the Statute of Limitations
Besides the general waiver of time limits for egregious crimes, Texas law also includes a few other exceptions to the statute of limitations rules. The age of victims, for instance, can play a role in when the statute of limitations is calculated. Generally, Texas prosecutors have ten years from the eighteenth birthday of an alleged victim to press charges against a defendant for trafficking offenses and child endangerment and 20 years from the accuser’s 18th birthday for sexual crimes.
Dedicated Texas Criminal Defense Attorneys
Knowing how long the state has to press charges against you can make all the difference in the outcome of your case, which is why it’s so important for those who have been accused of committing a criminal offense in Texas to start working with an experienced San Marcos and Hays County, Texas criminal defense lawyer right away. Call The Law Offices of David C. Hardaway at 512-805-6613 to learn more about how our legal team can help with your defense.
Source:
statutes.capitol.texas.gov/docs/CR/htm/CR.12.htm