In Texas,Whats the statute of limitations on refiling a case after a Quash has been granted?

Asked over 1 year ago - El Paso, TX

In Texas, after a motion to Quash has been granted, for being charged with family violence, and then realizing that under CH 71 Texas code definitions states that its not family violence at all, How long does the DA have to re file the case., before they cant at all? This case has been going on for 2 years already.

Attorney answers (4)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . It depends on the level of the offense. A minimum of two years. And that statute was probably tolled while the case was pending previously.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Stephen A. Gustitis

    Contributor Level 13

    Answered . Ms. Jaggers is right. Start with the date of the alleged offense. Add two (2) years (if a misdemeanor). Then add the time the information/complaint was on file with the court to the time it was quashed. Generally, that date is the day the statute of limitations expires unless it was tolled for additional reasons.

  3. Paul Anthony Quinzi

    Pro

    Contributor Level 7

    Answered . Agree with both of my colleagues, but just in case it was a 3rd degree felony family violence, the statute of limitations (the time they have to file) is 3 years instead of 2.

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  4. Gerald E. Smith

    Contributor Level 9

    Answered . It depends on whether the Assault Family Violence was enhanced to a felony because of a prior charge (even deferred adjudications count as a prior since 1998) or a misdemeanor. Generally felony statute of limitations are from 5-10 years and misdemeanors are 2 years. However, during the time from the filing of the case until it is dismissed, the statute is tolled, thereby it would be wise to start counting the time from the date of the dismissal not the arrest.

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