What is the statute of limitation for Possession of Controlled Substance in Texas? Misdemeanor level Possession or Delivery of Drug Paraphernalia charges have a two-year limitations period. Felony level offenses have a three-year limitations period.
Beyond the arrest the D.A.'s office has 90 days in which to indict the case by presenting a case to the grand jury and securing a True Bill. Individuals still in jail beyond 90 days without the presentment of a case to the grand jury must be released on a reduced bond or a personal recognizance bond.
While it is possible to file the affidavit without legal assistance, it may be beneficial to consult an attorney if the estate involves complex assets or disputes.
In Texas, for example, the State has 2 years to file charges for Assault-Bodily Injury, 3 years to file charges for many felonies like drug possession, 10 years for more serious felonies, and no time limitation with , among other offenses.
In Texas, you may use a general affidavit form to compile your statement so long as you include the details pertinent to the reason you need an affidavit. You must also have the document notarized.
The procedures for a crime's statute of limitations can be found under the Texas Code of Criminal Procedure under section 12.01. The statute goes on to state that crimes classified as misdemeanors have a statute of limitations of 2 years while felonies have a statute of limitations of up to 3 years.
Letters and affidavits are not admissible into evidence in contested case hearings unless they satisfy an exception to the hearsay rule or come into evidence without objection.
The range is usually from one year for many misdemeanors, three years for many felonies, to no time limit at all for crimes punishable by death or life in prison. If there is no statute of limitations, the prosecutor may bring charges against someone at any time.
To file an affidavit of non-prosecution in Texas, the alleged victim must contact the appropriate District Attorney's Office or contact a private attorney who can file it on their behalf.
Non-prosecution affidavits are effective in several key circumstances: Victim Cooperation: When victims do not want to proceed with charges, a non-prosecution affidavit can reflect their wishes, influencing a prosecutor's decision.