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How long can a state keep charges before they have to drop the charges in a case?

Allen, TX |

Last august. (2012) My house was raided in Allen, tx. The warrant was pretty much bogus and my room mate has had his misdemeanor dropped because the Warrant for the house didn't stand in court. Now both of us just have one felony charge a piece and we are waiting for the county to bring charges forth in court but its been 7 1/2 months and i haven't heard anything from anyone except my bond lady who tells me every week i have no court date. Whats the longest they can do this? Also I want to move on with my life and I'm just kinda stuck because of it, can i move out of state or county and how does one start to do that? its a felony for possession of 1 gram of mushrooms in my own house that they raided. Then how do i sue the city?

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Attorney answers 3

Posted

It depends on what level of felony they would be filing the case as. At least three years. If you want to look into suing the city (which is very difficult to do because they have a high degree of immunity), you need to look for an attorney who handles civil rights violations. Nothing prevents you from moving out of state while you are on bond (except maybe your contract with your bond company).

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Posted

The state is required to file the case by the end of the statute of limitations for your case. From your question I am a little unsure what your punishment range would be. To find out if you have a good case against the city you need to contact a civil attorney to file a civil lawsuit.

Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also, this question and answer is posted on a public forum and therefore any attorney-privilege is waived.

Posted

There are various things you can do to attempt to get off bond and/or the charges dismissed. However, all that does is allows the state to re-arrest you if they indict you within the statute of limitations and you would have to post bond AGAIN. Since you are already out on bond, it would be best just to sit tight a bit and wait a little longer. Check the terms and conditions of the bond and your contract with the bondsman to see if you can move out of the county/state. You certainly don't want your bondsman to withdraw their bond because they believe you are now a flight risk and they would have to hunt you down. You need an experienced criminal defense attorney to fight these charges for you. Sometimes there are things they can do prior to indictment to either get the district attorney to decline prosecution, etc.

If you are suffering anxiety or depression from this incident, please go visit your Doctor. Follow his directions exactly. Make certain to advise your attorney that you are suffering because of the drawn out proceedings and that you now have to seek a physicians care for anxiety, depression or other issues. Seek counseling from a mental health care provider if necessary. Likewise, if you have had a difficult time finding employment, housing, etc. because of the charges let him know. Make certain you provide your lawyers documentation of your visits to health care providers etc. to your lawyers. Having these matters hanging over your head can be quite stressful and cause great anxiety or depression and have other consequences as loss of a job, difficulty in getting employment, getting harassed by neighbors and teased by friends/family, dealing with the shame of being accused of a felony can be tough. Be sure to document all the bad things you have suffered because of these prolonged proceedings and the inability to vindicate yourself because the state has failed to bring forth charges. Give that documentation to your lawyers. They might be able to utilize them for both, getting the charges dismissed and/or civil liability of the city. Good Luck

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