My friend got arrested and bailed out of jail on a possesion of a controled substance in 2008 for under a gram and never heard anything else until March 2012. Can they bring that out and try to charge him for that now?
Criminal Defense Attorney
If the case never got filed in court, no, it probably cannot be filed now (the three year statute of limitations has now expired). The only real exception to that that I can think of (and it's pretty unlikely they'd bother with this on a leas than a gram drug case even if it applied), is that if the accused is out if state between the date the offense is committed and the date the case is filed, that time period is exempted from the statute of limitations. So technically if he committed the offense, then immediately went to live in say Georgia for the last three years, then either got extradited or came back on his own years later, the three years would start back up when he came back to Texas. But I seriously doubt that's the case--assuming the case really didn't get filed at all, they probably either intended to drop it or it just fell through the cracks, and if three years has now gone by, he should be okay now.
2 lawyers agree