Can i be enhanced to a felony without being charged for the misdeminor

Asked over 1 year ago - San Angelo, TX

i got a crimminal tresspaing charge in october and a theft in november they alredy had me sceduled for court for the crimminal tresspasing when i went the county attorney said they didnt have the paper work for the theft yet to come back in two weeks to discuss it and i did they said they were giving it to the da for enhancement because of my priors that was in december and i still havent been chatged with the theft yet is it true that in 90 days they cant charge me with it

Attorney answers (3)

  1. Richard Timothy Jones

    Contributor Level 17


    Lawyers agree

    Answered . No. The 90 days applies if you were in jail. The stature of limitations for a felony is a minimum of 2 years.
    Austin Felony Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  2. Evan Edward Pierce-Jones

    Contributor Level 18


    Lawyer agrees

    Answered . Does the DA only have 90 days to charge a person with a felony theft based on a defendant having 2 prior theft convictions plus the new theft charge? Answer: No. For felony theft, the DA typically has 5 years from the date of the offene to charge the defendant.

    My practice is headquartered in San Angelo. So, based on many, many years practicing here, I will add that what you describe sounds like a routine referral of a case from County Attorney Chris Taylor's office to the DA's office.

    You really do need to get a criminal defense lawyer working on this for you now.

    For more information about the criminal court system, you may want to visit my website,

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  3. Michael Douglas Shafer

    Contributor Level 20


    Lawyer agrees

    Answered . Yes; a routine referral to the DA. You need counsel.

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