What will happen if I was charged with a misdemeanor a years ago and still have not been convicted? 2 Answers as of July 08, 2011

I was charged with a misdemeanor a 3 years ago and still have not been convicted. Does this fall under the statute of limitations or what kind of advice can you tell me. Is there any way the case can get dismissed? It was theft 500 to 1500

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Flores & Lopez Law Firm
Flores & Lopez Law Firm | Joe Lopez
All misdemeanors must be filed within a year of arrest. Formal filing means there's a complaint and information filed with the clerk. If it has not been filed then the SOL has run. Most likely not the case. In a theft case you have two roads. Fight and take it to jury or try to mitigate the damage, pay restitution and see if your lawyer can get the case dismissed. Many factors come into play, such as your criminal history, facts of case, your willingness to accept responsibility, etc.
Answer Applies to: Texas
Replied: 7/8/2011
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
If you have a 3 year old case then surely you have a lawyer representing you?! Talk with your lawyer! Generally, I tell people that if they can, let sleeping dogs lie. There is no statute of limitations issue because the charge is filed so the statute is tolled. You could create a federal speedy trial issue (there is no right to speedy trial in state law) but you would have to demand a trial now, something that may not be in your best interest. As the case grows older, witnesses forget and move on in their lives. If you are not negatively affected, I would not stir the pot.
Answer Applies to: Texas
Replied: 7/8/2011
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