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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25917
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I had a case in Dallas. I went to jail posted bond. Missed

Customer Question

I had a case in Dallas. I went to jail posted bond. Missed the court date but was arresred and taken to another county where there were charges as well. I was sentenced to 3 yrs tdc 2 years state. I did 1 yr tdc wrote a letter to Dallas to have me brought back to resolve issue. No response. I was released from tdc in texas with no holds on me but state jail. I was transferred to state jail. After completely finished 1 year released to parole with no holds. Complete parole. I thought that I had complete everything. I am working and dping great putting my life together. I look up my name online ie family and see a warrent that has never been up for this long even looking up my name many times before. Im clearly upset. 6 months and my record would be cleared. 7 years when looking for employment. I hired an attorney who is asking for reduced bond. What. I should get time served. What are statute of limitations on a case like this. Help. This is ruining my reputation that I have worked so hard to fix.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey_ JD replied 6 months ago.

A statute of limitations defines how old case can get before it's considered to old to be filed with the court. Once a case has been filed, the statute of limitations no longer applies. You have a warrant missing a court appearance on a case that was timely filed. So there is no statute of limitations issue that can help you.

What there is, however, is a due diligence argument. If you were under the custody and control of the state department of corrections, your whereabouts were known to Dallas and they could have returned you on the warrant. You even notified Dallas yourself to do so. I agree with you that under these circumstances your lawyer should be able to get you credit for time already served. Ask him why he thinks you can't get time served. If he doesn't have a good reason and isn't going to try for that, you may have the wrong lawyer.

Expert:  Zoey_ JD replied 6 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.