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Can one be enhanced to a felony without being chargd for the misdeminor

San Angelo, TX |

in october i was arrested for crimminal tresspasing then in november i was arrested for theft durring my arinment for the crimminal tresspasing the county attorney said they didnt have the paper work for the theft yet to come back in two weeks to talk about it when i did the county attorney told me they were going to give it to the da for enhancement its been about two and a half months since i got arrested for the theft and still havent been charged with it can they still charge me after 90 days from my arrest date with it thank you

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Attorney answers 3


Yes. If your theft case is not enhanced to a felony because of a prior theft, it will be filed as a felony because the value alleged is over $1,500. How long they have to file the case depends on what level of offense it is. The minimum statute of limitations on a felony is three years. Felonies take longer to get first settings with the court because they have to go through the indictment process. An indictment can sometimes be prevented by a defense attorney. I would hire an attorney ASAP to explore this possibility.

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This appears to be a duplicate of a question I answered yesterday.

As I said in that answer, I have practiced in San Angelo for many, many years. To me what you describe sounds like County Attorney Chris Taylor routinely referred the theft case to our local DA's office for prosecution.

Whether that referral was justified cannot be answered without having a chance to find out the details of the situation and review the offense reports. Those are available to an attorney who is representing you. They are made available to that lawyer as part of the prosecutor's routine.

For a more detailed answer and for legal assistance with your problem, you will need to consult a lawyer. For general info about the criminal justice system and how criminal cases proceed, you may want to look at my website,

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


You have picked up on the "90 day" thing based on other people and their questions. 90 days is important only with regard to someone who is sitting in jail on a felony charge that has not been indicted. This does NOT apply to you because you are on bond. Yes, they can charge you up until the time that the statute of limitations runs, which is 2 years.

You will need a lawyer on both cases and soon is better.

Cynthia Henley

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones


I agree with Ms. Henley. There are quite a few really good criminal defense lawyers here in San Angelo. Call a few. I can't think of any that charge for the first visit.

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