Asked 7/15/2016 – Farmers Branch, TX

I showed up to arraignment today to plead not guilty. I requested a copy of the criminal complaint only to discover one had not been completed yet. Is there any legal recourse to motion for a dismissal at this time? Thank you.

Answer

On a misdemeanor case, the State has 2 years from the date of offense to file the charging instrument. It is not unusual for municipal and/or justice courts to delay such filing until a plea of not guilty is entered or until a warrant is issued; they don’t take the time to generate a complaint if the defendant pleads no contest or guilty and pays the fine.