April 25, 2016

Asked 4/23/2016 – Mount Pleasant, TX

Was criminal trespass in 2008 was arrested in 2015 and DA dropped charges saying we were common law married.

Answer

I am not sure about your question. Have you been arrested 4 times since 2008 over the same event, or has there been 4 separate arrests? The general law: there is a 2 year statute of limitations on misdemeanor criminal trespassing charges. That statute is tolled when the case is filed, and a warrant can remain outstanding indefinitely. Once the DA dismisses the case, the statute begins to run again, so basically after 2 years from the dismissal, the case will be barred from being refiled. If this is a situation that keeps repeating and causing your arrest, I suggest you obtain a marriage license and get formally married so there is a record of your relationship, and you do not have to keep proving a common law marriage.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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