When does the Statute of limitations for misdemeanor come into play? 1 Answers as of July 05, 2011Hi I was charged with a misdemeanor a 3 years ago and have not been convicted yet and told by lawyer that case was lost. Is the statute of limitations valid for me,or what other advice can you tell me?
Cynthia Henley, Lawyer | Cynthia Henley
The statute of limitations is not relevant. The statute is tolled - stopped - when the charges are filed. The time while the charges are pending does not count against the statute of limitations. You have a couple of choices - lay low and say nothing & hope that they never find it, or if they do, it will be so old that they do not care or no longer have witnesses. Or, assert your right to a speedy trial forcing their hand to find the case and / or dismiss it if they do not go forward. Be aware that your record currently reflects that you have been charged with the offense and are on bond for it. It will remain in that status until the case is dismissed or you are convicted or found not guilty. You cannot get it off your record until it is dismissed or you are acquitted.
Answer Applies to: Texas