Asked 1/28/2016 – El Paso, TX

I’m charged with two first degree felony’s for theft over 200,000 and misappropriation of funds in texas but they’re saying the charge is from 2006. I was arrested in 2012 but my case is still of 2016 ongoing. I havent had a court date in 2 years.

Answer

Statutes of limitations generally deals with the time from the date of the alleged offense to the date the State files the case. Once the indictment is filed, the statue of limitations is tolled. After the case is filed, you have a constitutional right to a speedy trial. There is not set time frame that has to elapse before a motion to dismiss for lack of speedy trial can be made; each case is individual and what is reasonable depends on the reason for the delay. Ask your lawyer what is the hold up.