I was arrested for felony dwi, bailed out, and have yet to receive an arraignment date. is there a statue of limitations on thi

Asked almost 4 years ago - Needville, TX

its been 6 months since my arrest for felony dwi. i havent heard anything on this yet and was wondering if there is a statue of limitations on this. does the da's office have to set an arraignment date in a certain period of time?

Attorney answers (4)

  1. Rosario Stornello

    Contributor Level 11

    2

    Best Answer
    chosen by asker

    Answered . If your case is in Fort Bend County contact your bondsman. Usually an arraignment date is set when the bond is made. Because you are on bond the DA's office will usually indict a felony case within 90 days of the charges being filed but the Statute of limitation is 3 years. However, it is unusual not to have an arraignment date. I suggest you hire an attorney or check with your bondsman

  2. Russell D. Hunt

    Pro

    Contributor Level 6

    Answered . You need to contact a criminal defense attorney ASAP. Your attorney can run to the Prosecutor and MIGHT be able to keep you from being indicted. Wait, and you will most likely be indicted IF the DA has a good case.
    The statute of limitations on a felony is years.

  3. Donalda Jean Gillies

    Contributor Level 14

    Answered . I don't practice in Texas, but this doesn't look like a good thing. In my neck of the woods, felonies don't often fall through the cracks. Did the police and court have a good address and phone number for you? It doesn't sound like you hired a lawyer. It sounds like you simply waited for a letter. It's generally better to be proactive when you do not hear from a court, especially when you are charged with a felony.

    I would strongly suggest you get a good local DWI lawyer and ask him to find out if you have a bench warrant. If so, he can help you arrange to turn yourself in on it and will advise you on the local procedures. For a felony DWI, you really want an experienced DWI attorney.

    Statutes of limitations do not apply once you have been arrested. But there are speedy trial constraints, which gives the prosecutor a certain amount of time to be ready for trial. I believe that this time limit for a felony is 180 days in Texas, as it is here in New York. (I hope a Texas attorney will verify this.) If you are correct and nothing has happened on your case and the time has fully passed, your attorney may be able to file a motion for dismissal if the situation meets the statutory criteria. Again, I am not familiar with laws in Texas.

    My guess is that you missed a court date and have a bench warrant.

    DISCLAIMER: I do not practice in TX. This answer to a short question is provided solely for general informational purposes and based on general legal principles and court practice. This answer does NOT constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

  4. Antonio Ronaldo Garcia

    Contributor Level 9

    Answered . First of all, I do not practice law in the state of Texas. However, in CA if you were arrested on DWI/DUI and then released, you should have been given a court date when released from jail. When one is arrested, they are released by one of two ways: on their own recognizance or by posting bail. If you were released on your "own recognizance", you would have likely signed paperwork promising to return to court on some date in the future. If you were released by posting bail, you would have been told by the bailbondsman as well as given some paperwork ordering you to court.

    I agree with my colleague, the fact that you have not received any word or paperwork regarding your court date is a bit troubling. I would also suggest taking a more proactive approach and try contacting the clerk's office of the criminal court in the area you were arrested and ask them to do a search by your name and date of birth. You are looking to see if this felony DWI/DUI case was ever filed against you. It is much better to be safe then sorry.

    The goal is to see if there was a case filed and somehow you never got the paperwork or to at least relieve yourself of the stress of wondering if there is a open case out there. If in fact there is a bench warrant, then at least you can go take care of it and move on. In my experience, when you avoid it, it tends to reap its ugly head at the worst of times. Much better to find out, know where it is at, and then you can decide if you want to handle the case on your own or with the assistance of an attorney. Either way, checking on it rather than waiting for the authorities to notify you is the better approach.

    I would also suggest to spend the money and get a consultation with a local DWI/DUI attorney in your area who might be more experienced with the INs and OUTs where you were arrested. They might be able to shed additional light on the situation and provide you invaluable suggestions on how to investigate and ultimately resolve this problem.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,264 answers this week

2,771 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,264 answers this week

2,771 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary