tx statues of limitations for placing warrant on misdemeanor

This is a discussion on tx statues of limitations for placing warrant on misdemeanor within the Other Criminal Law Matters forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; My story began over 20 years ago. I had several checks returned for non sufficient funds all under amounts of ...

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Old Feb 21st, 2013, 01:11 PM   #1
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Default tx statues of limitations for placing warrant on misdemeanor

My story began over 20 years ago. I had several checks returned for non sufficient funds all under amounts of $50, all written in the same Texas county. I failed to take care of the checks in a timely manner, and long story short the checks ended up with warrants. I eventually turned myself in and while in custody all checks and warrants, fees, restitution, etc. had to be taken care of upon release. Which I did that day.
Okay, now fast forward to 2013, I was pulled over by Tx Highway Patrol for going 5 miles over the speed limit. I was given a warning, but the officer ran my DL before giving me the warning. I was shocked, and in tears when the officer returned to my vehicle, and told me I had a warrant for a check written over 20 years ago. As the officer was about to arrest me. I told them that over 10 years prior I thought everything had been taken care of before leaving jail. And I knew I hadnt wrote a check, or even had a checking account since. I was then handcuffed and put in the officers car,she wanted to check again on the details of the warrant after I explained everything. She told me apparently the check was not in the same county as the others or maybe it wasnt recorded as paid. The officer calls the issuing county directly to verify the warrant. The issuing county couldnt verify the warrant paper-wise. The term the officer used was that they couldnt find the "hard copy" of the warrant. The Officer was a bit confused by the whole thing, considering I still lived at the same address as the other cases, and the fact the check was written over 20 years ago, and the fact the case was documented 20 years ago, but apparently the warrant wasnt put out or processed until December 2012. The officer was confused as to why it took the county 20 yrs to put the warrant out, even after the check was documented 20 yrs prior. The officer also couldnt understand why the issuing county couldnt find or verify the paper work or actual check. So, at that time, the officer then decided to uncuff me, (thank God), and I was then allowed to go. before leaving I got my warning for speeding, and I did promise the officer I would check into the situation. That was a few weeks ago. I've been too scared to call for fear of being arrested. But in the meantime rather true or not, I had learned that the statues of limitations in Texas on a check for under $100 (my actual check amount was less than $50) is only 2-3 years once a check has been processed into a case, then there is a separate statue of limitations on how much time they have to process a warrant on said case. I do understand there is NO statue of limitations rule that is applied on any warrants in the state of Texas once issued. But to my understanding there IS a statue of limitations rule on how long they have to issue a warrant on a case once it has been initially processed.
...So finally on to my question, If that is true about the Tx statues of limitations on the time frame period for issuing the warrant, would the statue of limitations rule apply in either the case of the check itself or the warrant? Since it did take the county 20 years to put the warrant out wouldnt it have already passed the statues of limitations time frame since it been longer than the 2-3 yrs?
It would seem to me that If the case was opened 20 years ago, the statue of limitation had already run out on the check after 2-3 years, then 17 years after that the warrant was then placed which was well after the statues of limitations on the check ran out.
I am so scared, and want to clear this up, but Im afraid I would be arrested regardless even if just inquiring. It may not be necessary for me to even be arrested if the statue had already run out prior to the warrant ever being placed. If so, I would still want to, and feel obligated to make restitution on the check if I had not already done so when in custody 10 years ago.
Im feeling scared, and dont want this to drag on any longer. I would appreciate any help you can offer me at this time. Thank you for taking the time to read my long story, I apologize for it being so lengthy.
I look forward to receiving any help or answers.
Much Peace & Kindness,
"Running scared"
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Old Feb 21st, 2013, 01:38 PM   #2
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Default Re: tx statues of limitations for placing warrant on misdemeanor

I wish to inform you that you may call the Clerk of Court which has issued the arrest warrant. You may explain the situation to the Clerk of Court and request for a hearing to be set up. You may go to the Court at the time of hearing, inform all the circumstances and express readiness to immediately pay the amount due. The Court will consider all the facts and decide the matter.

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Old Feb 21st, 2013, 05:44 PM   #3
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Default Re: tx statues of limitations for placing warrant on misdemeanor

You will best benefit by having a Texas criminal defense lawyer take a look at the sequence of events. There is a possiblity that if the statute of limitations had run, the warrant was illegally issued -- and any subsequent arrest, wrongful.

The court clerk, by the way,only takes care of tickets, arrangements for court hearings and can give you no substantive information or advice. See a lawyer is my recommendation.

Should, by chance you get arrested on this stale case, a warrant issued more than a decade after the statute of limitations had run -- it could turn out a windfall for you in disguise -- from the law enforcent agency, arresting officer and the county or municipality, whichever governmental body the law enforcement agency operates under. There have been some substantial claims paid by Texas counties and cities for wrongful arrest, one originating in Dallas comes to mind.

See a lawyer.
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Old Feb 21st, 2013, 07:51 PM   #4
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Default Re: tx statues of limitations for placing warrant on misdemeanor

While there is no SOL on a warrant once issued, they dragged their feet to such an unreasonable degree that laches applies I'm sure.

Sounds like someone was cleaning out old files and ran across this!
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Old Feb 22nd, 2013, 03:27 AM   #5
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Default Re: tx statues of limitations for placing warrant on misdemeanor

A warrant doesn't usually expire. The statute of limitations applies to unreported or unsolved crimes in which the person to be arrested is unknown. Sometimes, to get around a statute of limitations, a warrant will be issued for an unidentified person with the DNA profile matching the unknown suspects. The statute of limitations merely requires the State to file a formal charging instrument against the defendant within a certain time period. In Texas, the statute is 2 years for all misdemeanors, at least 3 years for felonies and sometimes more.
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Old Feb 22nd, 2013, 11:45 AM   #6
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Default Re: tx statues of limitations for placing warrant on misdemeanor

A warrant must be issued during the term a crime may be prosecuted. No later. If the statute of limitations had run on the offence and a judge takes it upon himself to issue a warrant, if a superior court judge, then the State of Texas would be on the hook for his unlawful act and any damages issuing that warrant caused. If a county/municipal judge, then that county or city.

Prosecutors have been held personally liable as well as the county, police, and magistrate for issuing warrants without legal authority. And paid deeply from their once deep pockets. Some notable Texas cases come to mind.
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Old Feb 22nd, 2013, 11:46 AM   #7
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Default Re: tx statues of limitations for placing warrant on misdemeanor

Quote:
Originally Posted by goddessoflubboc View Post
While there is no SOL on a warrant once issued, they dragged their feet to such an unreasonable degree that laches applies I'm sure.

Sounds like someone was cleaning out old files and ran across this!
The issue is the warrant itself -- issued past the time the statute of limitations had run on the offense. There was no ability to prosecute so the warrant should never had issued in the first place, being issued in all absence of lawful jurisdiction to do so.
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Old Feb 22nd, 2013, 03:07 PM   #8
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The issue is the warrant itself -- issued past the time the statute of limitations had run on the offense. There was no ability to prosecute so the warrant should never had issued in the first place, being issued in all absence of lawful jurisdiction to do so.
Hi "Friend In Court"
Thank you so much for taking the time to read and reply to my post.
I appreciate ALL your information tremendously.

Much Peace
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