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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23581
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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i was charged with burglary of a building (storage shed) HAS

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i was charged with burglary of a building (storage shed) HAS THE LAW CONCERNING THE STATUTE OF LIMITATIONS CHANGED SINCE 2007 FROM 5YRS TO 3YRS. I HAVE NOT BE INDICTED. THE WARRANT WAS OUT ISSUIED 2008, I WENT TO JAIL FEB10, POSTED 7500 BOND. I GO TO A GRAND JURY ON THE18TH TO SEE IF I GET INDICATED. JUST WANTED TO BE SURE IF MY INFROMATION IS RIGHT. I HAVE ALL THE PENAL CODES ECT CONCERNING THIS.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Hello,

While a non-residential burglary may be a state jail felony, it is a burglary all the same. The statute of limitations for a Texas burglary is 5 years. You can see that here in section (4)(a) as found in section 12.01 of the Texas Code of Criminal Procedure which defines the statute of Liimitations for Texas felonies.

Section 112.01 has not had any amendments since 2005. So the 5 year SOL was in effect in 2008 as it is today.



Customer: replied 4 years ago.
hello, i found your infromation to be the same as what i found. however, does the statute of limintations change have anything to do with ' the writ of habeas corpus'.in exparte martin.159s.w3rd262,263(tex.app.beaumont2005,ref"d) the indicment is clearly outside the statute of limitations. everything my friend did was under the "writ of habeas corpus" is there a chance under this writ this infro is write?
Expert:  Zoey_ JD replied 4 years ago.
Hello,

It took be a little bit of time to find Martin, but Martin seems to be different from the circumstances you have.

In Martin, the defendant on an aggravated robbery failed to appear for his trial in 2001. Three years and two months later, the state indicted him for bail jumping. The state argued that because Martin had left the state and was still an accused on the robbery that the bail jumping indictment had not been filed outside of the statute of limitations.

The court agreed with the defense that it was too late for the state to bring the bail jumping indictment. They reasoned that the robbery was a different charge and the fact that the statute of limitations was tolled for the robbery, didn't suspend it for a new case that was not filed until more than 3 years after Martin ran off. Had the case been filed in 2001, the state would not have been time barred from indicting 38 months later.

From what I see, Martin does not apply to your case because it IS the same case that you were arrested for. Once the charges are filed on a case, the statute of limitations no longer applies. So if your matter was filed in 2007 the state can still indict you.

A writ of habeas corpus, however, is the proper document to file if you want the court to address this matter. But unless there's something you haven't told me, there's no statute of liimitations issue here.
Customer: replied 4 years ago.
hello, the crime was commited as told to me by the d.a was oct2008. the warrant was issuied out of bellville tx 1n 2008. i was picked up feb10, 2012. i have not been indictment i go to court april 18th to see if they have enough evidence to indicment me. this case was stale mate and not filed until 2008 thats when the warrant was put out.this is why under the writ of habeas corpus the statute of limitations has passed for them to prosecute this case. they had till oct 2011 to serve this warranr and charge me.this all falls under thewritof habeas corpus..
Expert:  Zoey_ JD replied 4 years ago.
Hi,

Again, the statute of limitations on a Texas burglary is not three years but 5. I linked you to the law where you can see that for yourself. They got you within 4 years and are not time barred even if they would be filing the charges for the first time now.

However, they filed the case back in 2008. So there is no statute of limitations issue at all.

In Martin, the case was not indicted until his retrun on a warrant, but it was also never filed when he split. That means there was no case at all for more than three years. Your case was filed in 2008 and there has been a case on the record ever since.

This is not a small difference, and while I am sorry to be the bearer of bad news, I do not believe you have a statute of limitations argument.

Customer: replied 4 years ago.
hello. can you give advice to what i should do. i have allready admitted to being there. i told the dectective the i do resale and was there to meet a seller that wanted to sell things out of his storage. when he didn"t show up i left. when i was leaving a truck pulled in and i saw someone writing down my plates. it was also stated that there was alot of people in my surburban while at the time my windows where heavly tinted where no vision was possible. why am i going to the grand jury. the d.a states i don"t have to be there. can they indict me on the littlt infro they have? should i go? i have a record, but i am 55and have not had any issuies with the lawin over 15 yrs.
Expert:  Zoey_ JD replied 4 years ago.
Hi,

NO you do not have to go before the grand jury. You do have a right to tell them your side of the story if you want in the hope that you can prevent an indictment, but the state needs very little evidence to get an indictment and anything you say can be used against you. If you go before the grand jury you must answer all questions posed to you by the DA and the grand jury. If you are indicted anyway (and all they have to believe is that a crime may have been committed and that you may have been the one to commit it) you have given away your whole defense at an early stage of the case and gotten nothing back for it worth having. There is an often quoted line here in my town which is, "A good DA can indict a ham sandwich," An experienced DA seriously interested in prosecuting a felony will almost always get an indictment. Most defendants do NOT go anywhere near the grand jury.

You should not be talking to the police or to the DA. As they have filed a case against you, they are not your friends. What you do need rather desperately is a lawyer. SInce a burglary is a felony, this is not the time to do it yourself. You are not required to go before the grand jury and should not consider going to the grand jury unless/until you have been fully advised by your counsel. If you can afford one, start looking ASAP so that if he thinks your testifying is a good idea you won't miss out on it.

If you can't, just wait until your court date and tell the judge that you will need a public defender appointed.

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