Statute of Limitations

[AnotherTenant]

What is the name of your state (only U.S. law)? Texas

A friend of mine was just arrested for some bad checks that she wrote in 1998. Isn't there a statute of limitations on this?

Also, how is it possible that this same person was arrested for a DUI in 2010, and the bad checks didn't come up then?

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

A friend of mine was just arrested for some bad checks that she wrote in 1998. Isn't there a statute of limitations on this?

Also, how is it possible that this same person was arrested for a DUI in 2010, and the bad checks didn't come up then?

It depends...

You don't have all of the information that would be needed to answer questions that might arise. I would suggest that your friend speak only to counsel about this matter.

 

[CavemanLawyer]

The statute of limitations for any misdemeanor in Texas is two years but that applies to the amount of time the State has to file the charges. If they filed within 2 years then they could wait fifty years to prosecute the person as long as they acted diligently in pursuing an arrest of the individual. If this subsequent DWI was in the same county or even the same state you'd definitely think they would have caught the outstanding warrant but stranger things have happened. If the DWI was not in Texas then it is not at all surprising that that other state didn't know about the theft warrant.

 

[AnotherTenant]

You are, of course, right, Zigner, and thank you for reminding me of that. I was trying to come up with an angle to get her out of jail, but it would be smarter for me to just stay out of it and not spread her problems all over the interwebs.

And thank you, too, Caveman Lawyer, for helping me to understand - even though the situation is clearly none of my business.

 

[HighwayMan]

I was trying to come up with an angle to get her out of jail...

Those "angles" are best left to attorneys to deal with.