Paul Holt Walcutt
Reputation Level 15
Answered over 2 years ago.
Criminal Defense Attorney in Austin, TX.
As the other lawyers have indicated, you need to provide more information. There is a two year statute of limitations on all misdemeanors (TX Code of Criminal Procedure 12.02). Felonies have the following statute of limitations:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault, if during the investigation of the offense biological matter is collected and subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained; or
(C) an offense involving leaving the scene of an accident under Section 550.021, Transportation Code, if the accident resulted in the death of a person;
(2) ten years from the date of the commission of the offense:
(A) theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government property over which he exercises control in his official capacity;
(C) forgery or the uttering, using or passing of forged instruments;
(D) injury to a child, elderly individual, or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code;
(E) sexual assault, except as provided by Subdivision (1) or (5); or
(F) arson;
(3) seven years from the date of the commission of the offense:
(A) misapplication of fiduciary property or property of a financial institution;
(B) securing execution of document by deception; or
(C) a violation under Sections 162.403(22)-(39), Tax Code;
(4) five years from the date of the commission of the offense:
(A) theft, burglary, robbery;
(B) kidnapping;
(C) injury to a child, elderly individual, or disabled individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code;
(D) abandoning or endangering a child; or
(E) insurance fraud;
(5) ten years from the 18th birthday of the victim of the offense:
(A) indecency with a child under Section 21.11(a)(1) or (2), Penal Code; or
(B) except as provided by Subdivision (1), sexual assault under Section 22.011(a)(2), Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code; or
(6) three years from the date of the commission of the offense: all other felonies.
Keep in mind that if your son has already been charged, then the statute of limitations defense may not apply.
You son should speak with a local criminal defense attorney and provide him or her with more information on his criminal matter.
Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.