Statutes of limitations are crucial to a just legal system as they serve as a protection for those accused of criminal offenses. Over time, evidence often becomes lost, destroyed, or compromised, and witnesses to crimes may no longer be accessible for interviews or testimony due to relocation, memory deterioration, or death. As such, the state imposes a strict statute of limitations that dictates how long the government has to file charges for a specific offense. Please continue reading as we explore whether you can be charged with a crime after the statute of limitations has expired in Texas, and the importance of connecting with a determined Dallas County Criminal Lawyer.

Can I Be Charged with a Crime in Texas After the Statute of Limitations Has Expired?

A criminal statute of limitations is essentially the deadline for the state to file charges for a specific offense. The primary purpose of this statute is to ensure fairness, preserve evidence, and promote timely trials. The statute of limitations aims to prevent wrongful convictions from stale memories or lost evidence.

If the government fails to file criminal charges within this timeframe, it will be barred from prosecuting the individual for that crime. This means that you cannot be lawfully charged with a crime after the statute of limitations has expired. However, there are certain exceptions.

You can still be charged with a crime after the statute of limitations has expired if the suspect is deemed a fugitive. In this case, the statute of limitations is tolled. Similarly, the statute is paused if the defendant is mentally incapacitated during the timeframe in which the crime was committed or the period for prosecution was running.

The discovery rule is applicable when an offense is not identified until after the conventional statute of limitations has elapsed. In such circumstances, the prosecutorial period may commence only upon the discovery of the crime or when it reasonably should have been discovered. Additionally, there is generally no statute of limitations for serious crimes like murder and child sex crimes.

Do All Criminal Offenses Have a Statute?

In Texas, the statute of limitations varies by offense. The general time limits are:

  • Misdemeanors: There is a two-year statute of limitations for Class A, B, and C misdemeanors.
  • Most Felonies: There is a three-year statute of limitations that applies to felonies. Some criminal offenses like larceny, identity theft, and human trafficking have longer statutes. However, certain crimes like murder, manslaughter, and child sex crimes have no time limit for prosecution in the Lone Star State.

It’s important to consult the Texas Code of Criminal Procedure and a qualified attorney to determine the specific statute of limitations that applies to a particular crime. For more information, please don’t hesitate to contact an experienced attorney at Spangler Law.