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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23978
Experience:  9+ years defending Misdemeanor and Felony cases.
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I live in Texas and have been recently notified by a county

Customer Question

I live in Texas and have been recently notified by a county I had outstanding citations from 1995 and couldn't renew my license last month until they were paid. I haven't renewed it yet cause I didn't have time to find out how much I owed. I looked back at the letter earlier and got a web site to look up outstanding citations and the message said issuance of bad check. That was 20 years ago and it's listed on my record so I can't renew my license, so what can I do or say when I call tomorrow?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 11 months ago.

Good evening. I certainly understand the situation and your concern. What you are charged with, is a criminal offense, under the Texas code, which I have provided below, in the link, for you to review. Since this is criminal, you likely will need to appear and ask the clerk of court how you can reset the court date, so you can resolve this. Once this happens, the suspension would be lifted, so your license can be renewed. Now, the case is 20 years old. If you can fight this, you may want to consider it, if the State is unable to find the victim and other evidence which is needed, to show and support their case. Once the suspension is lifted, then you can renew your license. You can see if there is a way to resolve this by simply paying BUT considering this is criminal in nature, the court date may need to be reset.

http://codes.lp.findlaw.com/txstatutes/PE/7/32/D/32.41

Customer: replied 11 months ago.
Before I contacted y'all, I looked up statue of limitations on issuance of bad checks and in Texas it says 2 years on misdemeanor checks. The total between both is $410. How can this be collected on after 20 years of not hearing anything about this till last month or keep me from renewing my license?
Expert:  CrimDefense replied 11 months ago.

The statute of limitations is a defense which can be raised as a defense to a criminal charge. If this happened 20 years ago, was known about and the State is NOW first filing, then you certainly have a basis to raise the SOL and ask that the Judge dismiss the case with prejudice, to prevent it from being refiled. You are correct ,in that if the State first filed after 20 years, something is odd, so you just need to make sure it was not previously filed and as a result of your failure to appear, the time was tolled, since you essentially avoided this. That is the key thing. You need to ask the clerk when this was filed.

Expert:  CrimDefense replied 11 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!