In Texas, like other states, there are statutes of limitations that determine the timeframe within which criminal charges can be filed against an individual. However, there are different exceptions to these statutes of limitations that may apply in certain cases, depending on the alleged offense and circumstances. Understanding these exceptions can greatly impact your defense strategy and legal options.

An Austin criminal defense lawyer can identify any deadlines for prosecutors to bring charges in your specific situation. 

Statutes of Limitations: The Basics

Before diving into the exceptions, let’s first establish a basic understanding of statutes of limitations. In Texas, statutes of limitations are laws that determine the maximum amount of time the state has to bring criminal charges against someone. These timeframes vary depending on the severity of the offense, ranging from two years for most misdemeanors to no time limit for certain serious crimes like murder.

The purpose of statutes of limitations is to ensure that criminal cases are resolved in a timely manner, preserving the integrity of evidence and protecting individuals from the prolonged uncertainty of potential charges. However, there are exceptions to these statutes that can extend or even nullify the time limits in certain circumstances.

Possible Exceptions to the Statute of Limitations

DNA Evidence and Sexual Offenses

One significant exception to statutes of limitations in Texas applies to sexual offenses where DNA evidence is available. If DNA evidence is discovered linking a suspect to a sexual offense, there is no time limit on when charges can be filed. This exception recognizes the importance of scientific advancements and the potential for DNA evidence to provide crucial information in unsolved cases.

Fraud or Misapplication of Fiduciary Property

When it comes to white collar crimes such as fraud or misapplication of fiduciary property, there is also an exception to statutes of limitations in Texas. If the offense involves the embezzlement, theft, or misapplication of fiduciary property, the statute of limitations does not begin until the offense is discovered or could have been reasonably discovered. This exception allows for a fair investigation and potential prosecution of intricate financial crimes that may take time to uncover.

Crimes Against Children

Crimes against children are taken very seriously. That’s why, in Texas, there is an exception to the statutes of limitations for such offenses against minors. If the victim of the crime was younger than 17 years old at the time the offense was committed, the statute of limitations does not begin until the victim turns 18 years old. This exception recognizes the vulnerability of children and aims to provide them with the opportunity to seek justice when they are of legal age.

Capital Murder and Human Trafficking

In cases of the most serious offenses, such as capital murder and human trafficking, there is no statute of limitations in Texas. These crimes carry severe penalties, and the state does not impose time limits on when charges can be filed. This exception ensures that those responsible for the most heinous crimes face the consequences, regardless of when the offenses were committed.

Statute of Limitations FAQs

Q: Can the statute of limitations be extended or “tolled” for any reason other than the exceptions mentioned?

A: In general, the exceptions we’ve discussed are the main circumstances under which the statute of limitations can be extended in Texas. However, it is essential to consult with a skilled Austin criminal defense attorney who can provide guidance specific to your case.

Q: Can the statute of limitations defense be used in any criminal case?

A: The availability of a statute of limitations defense depends on the nature of the offense and the laws of the jurisdiction. Again, it is important to consult with an attorney who can evaluate your case and advise you on the best defense strategy.

Q: What if the statute of limitations has expired?

A: If the statute of limitations has expired for a particular offense, it generally means that the state cannot bring criminal charges. However, the specific circumstances of each case can vary, and there may be exceptions or alternative legal avenues to explore. Consulting with a criminal defense attorney is crucial to understanding the implications of an expired statute of limitations.

An Austin, Texas, Criminal Defense Lawyer Can Help

If you or someone you know is facing criminal charges in Austin, Texas, it is imperative to seek legal representation from an experienced criminal defense lawyer. The Law Office of David D. White is a trusted and reputable law firm committed to providing clients with reliable and effective legal services. To schedule a free legal consultation, contact us now.