Statute of Limitations After Leaving the State

[taylormillgirl]

My question involves criminal law for the state of: Texas.

First of all, thank you in advance for your help.

I'm a writer, and I need a bit of assistance with a major plot issue. As it is, my book is set in Texas, but I can change the setting if another state's laws suit my plot better. Is the following situation plausible?

Let's say Jane Doe was charged with indecent exposure, lewd conduct, and underage drinking at the age of eighteen, but she wasn't arrested and left town before the charges were filed. She's been completely unaware of the charges against her, and now several years have passed (how many years can I get away with here?). She discovers the charges while trying to renew a license, and must return to the county where the crimes occurred to resolve the issue.

What do you think? Possible or ridiculous?

[LawResearcherMissy]

Depends.

If the charges were filed after she fled jurisdiction, was a warrant issued for her arrest?

If so, there's no SOL. Warrants only go away when they're rescinded (exceedingly rare), the wanted individual dies, or the wanted individual is either apprehended or appears voluntarily to resolve the issue.

If you look around here, there's a thread about someone who discovered a warrant for their arrest that was over 20 years old!

[taylormillgirl]

I should have mentioned that Jane Doe was born and raised in the county where the crimes occurred. Would the judge have the prerogative to hold off on issuing a warrant for several years? Let's say he assumed Jane would come back home and they could resolve things then, but it eventually became clear Jane wasn't coming back, so he issued the warrant then. Is that legal or would SOL be an issue?

Oh, and thanks!

[BOR]

Let's say Jane Doe was charged with indecent exposure, lewd conduct, and underage drinking at the age of eighteen, but she wasn't arrested and left town before the charges were filed. She's been completely unaware of the charges against her, and now several years have passed (how many years can I get away with here?). She discovers the charges while trying to renew a license, and must return to the county where the crimes occurred to resolve the issue.

What do you think? Possible or ridiculous?

Charged, just not arrested? I assume you mean charged by a summons/citation?

A charging document tolls the statute of limitations.

I should have mentioned that Jane Doe was born and raised in the county where the crimes occurred. Would the judge have the prerogative to hold off on issuing a warrant for several years? Let's say he assumed Jane would come back home and they could resolve things then, but it eventually became clear Jane wasn't coming back, so he issued the warrant then. Is that legal or would SOL be an issue?

Oh, and thanks!

It is soley a Judges discretion to issue a bench warrant.

She can assert an affirmitive defense at trial.

[taylormillgirl]

Thanks, BOR. How long does the judge have to issue the bench warrant before statue of limitations becomes an issue?

[BOR]

Thanks, BOR. How long does the judge have to issue the bench warrant before statue of limitations becomes an issue?

The court won't delay in doing that, so there would be no SOL issue.

According to the TX rules of criminal procedure, IF you left the state, it would "toll" (stop) the commencement of prosecution anyway, regardless of if a warrant were issued or not.