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

Asked over 3 years ago - 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. M Elizabeth Gunn

    Contributor Level 18

    Answered . Actually, possession of < 2 oz of marijuana is a Class B misdemeanor, and those warrants are required by law to be entered into TCIC/NCIC (the Texas and national criminal information databases). That means that yes, you are subject to being arrested on that warrant anytime, Technically, you can even be arrested for it in Oklahoma, I believe, but you can't be extradited back here, and odds are on a traffic stop they wouldn't bother running you through NCIC anyway. However, I imagine if your school in Oklahoma finds out about your warrant, they're not going to be too happy, and will probably make you go take care of it. A Class B misdemeanor is an offense subject to a punishment of anything up to a $2000 fine and 180 days in jail. If you have no record and you go ahead and get a lawyer to represent you and take care of the case, I would guess that you'll probably be able to get it dismissed outright, through a pretrial intervention program, or through deferred adjudication. Avoid the deferred option if you can, because you will not be able to expunge that later (you can probably get the records sealed, but they wouldn't be completely sealed, and could screw up your chances to have any kind of professional career). And no, that 2 year statute of limitations is very unlikely to do you any good--to avoid problems with that, they don't have to arrest you within two years, they just have to file the case in county court (which takes maybe five minutes to take care of).

    M. Elizabeth Foley, Attorney at Law
    The Law Office of M. Elizabeth Foley
    P.O. Box 2277
    Galveston, TX 77553
    Tel (409) 750-0757/fax (409) 419-1744
    elizabethfoleylaw@gmail.com
    Texas State Bar No. 00792553

    This answer is intended only to give you general information on the subject you've asked about and does not... more
  2. Cynthia Russell Henley

    Contributor Level 20

    Answered . 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... more

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