The law is a complex machine that runs on a series of rules, regulations and guidelines that are often a puzzle to the average citizen. But these laws are what provide you with your rights. They are the reason why you are required to receive a fair trial, and the reason why you have the right to an attorney of your choice. While hiring an attorney is an important right that should always be taken advantage of if you find yourself at the center of a prosecution, knowing about the law, or at least it’s parameters, can make the legal process a little less hazy for you.
If you don’t have a series of law books accessible to you, or legal jargon makes you cringe, criminal defense attorney Henry Wade is happy to assist you with whatever legal questions you may have. As a member of The Wade Law Firm, he has been actively practicing law in Texas for over 20 years and has presided over hundreds of cases ranging from minor chargers to major criminal offenses.
What is a statute of limitations?
Every offense that has ever been documented, from petty theft to grand arson, has a statute of limitations attached to it. This is a law which outlines the maximum time period given to prosecute an individual for a crime. The statute of limitations differs from offense to offense, and is from the time when the crime was originally committed to when prosecution is barred.
What happens when the statute of limitations expires?
Once the statute of limitations runs out, then the individual can no longer be prosecuted for the crime. Often times you will find that if you commit a crime, you likely won’t be formally charged until a day or two before the statute of limitations expires. This is so that the prosecuting lawyers can gather all the information they need to adequately charge you.
What are some examples?
In Texas, Wade explains, the statute of limitations for a misdemeanor case of theft is set at two years. And the statute of limitations on a wrongful death suit is two years from the date of death.
How long are statutes of limitations usually?
There really is no average amount of time, explains Wade. But all statutes of limitations are based on years. You won’t find a crime in Texas that can’t be prosecuted after only days or months.
Do any crimes have no set limitations?
Murder has no statute of limitations. Meaning that if you were to murder someone, and then 30 years later admit to it, you can still be fully charged and sentenced for the crime.
Of course, says Wade, if you feel that a crime has been committed against you or that you are under investigation, you should never hesitate to seek professional legal advice.
