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Statute of limitation in Texas on a class b misdemeanor (under 2 oz of marijuana)???

Killeen, TX |

Ok so i moved away to college recently in Oklahoma however my last day in Texas i was stopped and found with marijuana (under 2 oz). however i was never given any formal ticket or anything, after i moved there was a note left on my parents door about it with the arresting officers number and apparently they were going to pick me up if i was there. now i have a warrant for my arrest but my parents were told its only in my home town. so my question is, will this be dropped in 2 years if i go back to my home town due to statute of limitations? and also is it true that it will only affect me in my town or if per say i was stopped by highway patrol would they pick me up and turn me in? any and all advice is very welcome i just don't know what to do.

Attorney Answers 2


  1. Actually, possession of

    This answer is intended only to give you general information on the subject you've asked about and does not constitute legal advice or establish an attorney-client relationship. If you feel you may need legal representation, please contact me by phone at (409) 750-0757, or by email at elizabethfoleylaw(AT)gmail.com, and I'll be happy to provide you with a free consultation about your case (up to 30 minutes) and an explanation of my fee schedule, payment options, and the different levels of representation I offer to fit your specific legal needs and budget.


  2. If there is a warrant for your arrest, then the statute of limitations is tolled (stopped.) It stops when a charge is filed. So, the case is not going to just go away.

    Second, generally most states will not arrest someone for a misdemeanor warrant from another state if the person is stopped. The reason for this is the high cost of transporting the person back to the state with the warrant. (This is called extradition.)

    Texas will hold the warrant forever - it will not expire. In the future, if you are stopped, if you try to get your license renewed, if you visit at the jail, etc., then they will find the warrant, confirm that it exists, and take you into custody. This can happen in any city in Texas. If the city which issued the warrant does not pick you up timely, you will be released but the warrant will continue to exist and you will go through the same process if arrested again until the time that you take care of the case.

    You need to talk to a lawyer where the warrant is pending. You will need to post a bond and make an appearance in court, and take care of the case however you and the lawyer see fit (assuming the prosecutor agrees.)

    Be aware that if you apply for a job and they conduct a background check, they will be able to find the open case, too.

    Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.

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