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  1. #1
    Join Date
    Feb 2012
    Posts
    1

    Default Refund of Retainer

    My question involves criminal law for the state of: Texas.
    I was arrested for felony(third offense) DUI charge (12/2008) and retained a reputable criminal defense attorney.
    Kind of have two questions:
    1) I have heard nothing from the court systems EVER. I called my bail bondsman every week as directed and each week was told "no court date". Is the statute of limitations in TX 3 years? have I caught a lucky break?
    2) Should I get a refund since there was never any work done? should I get a bail refunded? and most importantly retainer from lawyers?
    Thanks for any info.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,912

    Default Re: Refund of Retainer

    Under the Texas Code of Criminal Procedure, Art. 12.01(f), the statute of limitations for felonies not otherwise enumerated is three years. Tolling provisions sometimes apply, potentially extending the limitations period. Your attorney can confirm the statute of limitations for your offense, and whether there is something we don't know about that might affect the limitations period.

    You will need to read your retainer agreement to determine what you agreed to pay and whether you may be entitled to a refund if charges are not filed.

  3. #3
    Join Date
    Jul 2010
    Posts
    3,828

    Default Re: Refund of Retainer

    If you had to bond out, that means you have been formally arraigned/charged...yes? If so, SOL no longer applies. You would need to be looking at a Speedy Trial violation.

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