QUESTION
Charged with Felony, then charged with a higher degree felony
Asked on May 12th, 2014 on Criminal Law - Texas
More details to this question:
I was charged with a 2nd degree felony of Mis app of funds and theft, I was then charged with the same 2 counts but in a 1st degree now. When i look at the case records it shows me going to trail for both cases. IS this even right? Im in the state of Texas. ON top of that statue of limitions for both crimes are 5 yr for theft and 7 yr for mis app of funds from the commencement of the crime which dates back to 03 of 2008. When i was first charged it was in 06 of 2013 why are they still charging me on a theft charge?
1 ANSWER
Assault Attorney serving Richardson, TX
2 Awards
It will be necessary for your attorney to raise the issue of the statute of limitations. There are some situations where there limits are tolled and that situation may apply to you. If you have already gone to trial and the issue was not raised, you may have an issue of the competence to the representation you received. If this is the case, a writ of habeas corpus may be useful.
Answered on May 12th, 2014 at 4:34 PM