What is the Statute of Limitations and Can it Get Your Case Dismissed?

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Sean Henricksen Law Firm

Sean Henricksen Law Firm

Күн бұрын

In the past week, I've gotten two cases dismissed because the state missed the statute of limitations. The statute of limitations allows someone to have their case dismissed if the state misses the deadline to formally charge you. If you have any questions of if you're being charged with a crime in the San Antonio area, call me at 210-942-4997 or schedule online at
Schedule a FREE Consultation - seanhenricksen.com/schedule-c...
5 Things YOU Should Know if You've Been Arrested - bit.ly/2Xjj9Eh
Also, check out my new podcast below to find out what to do when you’re arrested.
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Пікірлер: 82
@lindsayhengehold5341
@lindsayhengehold5341 Жыл бұрын
Great video on this topic for legal cases of all types!
@trillg766
@trillg766 Жыл бұрын
What about if you are appealing something and on your pcr..Ive sent in my app never heard anything back because of the holidays and now my year is up but I'm wondering since it got notarized and a postage seal saying it was before the date ..I don't have a paid attorney on this yet ..I'm in south Carolina
@ASKQUESTIONS-ei8bv
@ASKQUESTIONS-ei8bv Жыл бұрын
Hello. If a case is mutually dismissed, can I still sue for false arrest ?
@payneicecold3000
@payneicecold3000 9 ай бұрын
What if someone commited a felony and the SOL passed, then what happens? I know you said you can still be charged and your lawyer can ask the judge to dismiss it. I'm just wondering why can't it be automatically dismissed?
@TruckingWithChop
@TruckingWithChop 3 ай бұрын
What if I was “on the run” for a DUI and it’s been 2 years, does status of limitation still apply?
@flipsanchez9512
@flipsanchez9512 2 жыл бұрын
What if I was pulled out of and they say I sold pills to a cop one time and they wanna know were I got them from and I said a party but they didn’t like that answer and told I had to go find someone that sold drugs or I was gonna be charged with selling pills to a undercover and since I didn’t help now I have a warrant how does the statue of limitations work then
@lahtanamuni3971
@lahtanamuni3971 Жыл бұрын
I have a arrest warrant I’m pretty sure it’s for a misdemeanor in Ohio. For improperly handling it was my first gun charge . Am I able for the statue of limitations? I was on probation but I stopped going I couldn’t handle it .
@zanerios2776
@zanerios2776 2 жыл бұрын
Hey mate thanks for the info, so I’m currently fighting a lawsuit where im on the defendant side of a contract that was signed in 2016, how can I apply statue of limitations to get my case dismissed?
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm 2 жыл бұрын
There are statutes of limitations for civil matters also. They vary by state. Search Google or find a local attorney to help you out.
@pocu321
@pocu321 Жыл бұрын
I'm thinking the majority of people may have been misinformed about statute of limitations. I've always thought that statute of limitations clock applied from the time the crime was committed but it sounds as though the clock starts after the crime was discovered which could be ten years later. And so the statute of limitations clock switches to speedy trial clock as soon as a person is formally charged?
@lolly1405
@lolly1405 9 ай бұрын
That’s not true at all. There are some pretty notable cases in the public recently that prove that it doesn’t matter if you were charged with a crime or not. The statue of limitation still applies. Rape cases have this issue all the time. There was actually a rape case against trump where was not prosecuted legally, because it didn’t meet the statute of limitation.
@user-nd9re8vr6l
@user-nd9re8vr6l 2 жыл бұрын
I just found out I have an arrest warrant for 3 felonies dating 2014-2015, I being in contact with an attorney but still confuse, this is over 6 years ago and I am wondering what can I expect from the court when I go in? the statute of limitations has run out but I am still confuse
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm 2 жыл бұрын
If they were indicted within the statute of limitations then you may be out of luck. Ask your attorney about speedy trial issues.
@themetatruthengineer1442
@themetatruthengineer1442 Жыл бұрын
Question. Is there a statue of limitation for petitioning for visitation with a grandchild in the state of california?
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm Жыл бұрын
I’m not sure. I only practice criminal defense in Texas. You should call a family lawyer in your area and they should be able to give you a quick answer.
@dannysykes8593
@dannysykes8593 2 жыл бұрын
What if you commit a crime but dont get arrested, and also how can you find out if you have a warrant
@payneicecold3000
@payneicecold3000 9 ай бұрын
I am curious about this too
@terrencemilton5088
@terrencemilton5088 10 ай бұрын
3:16....who ever would admit to murder knowing this.
@vdelrio999
@vdelrio999 2 жыл бұрын
Is the statute of limitations for the case to be filed/charged OR for the case to be decided? IOW can case be dismissed if not filed with sufficient time for trial before SOL expires?
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm 2 жыл бұрын
Statute of limitations is for the case to be filed or indicted. Delays after that could lead to speedy trial issues.
@vdelrio999
@vdelrio999 2 жыл бұрын
@Sean Henricksen Law Firm Thank you, sir.
@joelsturgeon457
@joelsturgeon457 2 жыл бұрын
Hello got a theft charge item was for $13 dollars I admitted to it thinking ok it would be a misdemeanor but when I actually got charged it was felony larceny with 2 priors those priors where from 30 years ago, does this sound right? Thanks
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm 2 жыл бұрын
Unfortunately, yes. In Texas, if you have 2 theft convictions, the third can be enhanced to a felony. I hope you get it dismissed. A lot of prosecutors know/believe it's bs also and drop them. It's going to depend on the prosecutor and the county and obviously the facts of your case. Good luck.
@joelsturgeon457
@joelsturgeon457 2 жыл бұрын
Thank you sir
@alejandrovazquez9601
@alejandrovazquez9601 Жыл бұрын
What is the statute of limitations for domestic violence? If they been continuous for the last 3 years? That change anything?
@GeneralGoldChannel
@GeneralGoldChannel 2 жыл бұрын
What if they wait a day before the statue of limitations then take over a year and a half to send a summons
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm 2 жыл бұрын
You also have the right to a speedy trial. There’s not a hard deadline like the statute of limitations, but if they’re waiting that long I’m going to argue that they violated your right to a speedy trial.
@alastor8091
@alastor8091 Жыл бұрын
If I'm worried about the Statute of Limitations, I'm not a good person.
@anabolena2382
@anabolena2382 2 жыл бұрын
my bank took my money to pay my credit card under the right of sett off does it means my status of limitations was reset pls answer me
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm 2 жыл бұрын
Statute of limitations on civil cases usually work differently. In taxes on a debt the statue of limitation usually starts running from the last time you made a payment.
@billygreenlite
@billygreenlite 2 жыл бұрын
Does it apply after you are charged and sentenced?
@Henricksenfamily
@Henricksenfamily 2 жыл бұрын
No.
@blickyrobinson5568
@blickyrobinson5568 Жыл бұрын
Is there a statute of limitations if u catch a gun charge in the state of Illinois if so how long?
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm Жыл бұрын
I’m not sure. I’m only licensed in Texas. You’ll need to contact an Illinois lawyer.
@blickyrobinson5568
@blickyrobinson5568 Жыл бұрын
@@SeanHenricksenLawFirm aw okay thanks for the assistance
@christianperryman6126
@christianperryman6126 9 ай бұрын
How long can a case be pending after chargers are filed?
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm 9 ай бұрын
If charges are filed, the only limit is your right to a speedy trial.
@missant5324
@missant5324 2 жыл бұрын
hello I am 53 years old, and when I was 17 years old I was sold into sex slavery from my mother and stepfather to a man who they met on a CB radio, this man molested me for five years and made me do all kinds of things that I would not of done under any other circumstances, I'm wondering if there's a statue of limitation for someone who has sold their own child into sex slavery? Is there a statue of limitation?
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm 2 жыл бұрын
I'm sorry you went through this. It depends what they charge the person with. In many sexual assault cases, there's no statute of limitation. In some cases there is. Call the police immediately if you want them prosecuted.
@missant5324
@missant5324 2 жыл бұрын
@@SeanHenricksenLawFirm Thanks !
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm 2 жыл бұрын
@@missant5324 You're welcome.
@missant5324
@missant5324 2 жыл бұрын
@@SeanHenricksenLawFirm now I need to get the nerve to make the call to see if I can follow through. Thanks for your time .
@HIMYMTR
@HIMYMTR 2 жыл бұрын
There is no statute of limitations on possession of stolen goods because it's an ongoing crime, right ? But won't the case get dismissed because the prosecutor still needs to prove that the goods were in fact stolen but the SOL already expired ?
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm 2 жыл бұрын
In Texas, on a normal felony theft case, statute of limitations is 5 years. On a misdemeanor, it's 2 years. statutes.capitol.texas.gov/Docs/CR/htm/CR.12.htm
@johnnycrossway4249
@johnnycrossway4249 2 жыл бұрын
there is a statue of limitation on possession of stolen goods.....
@HIMYMTR
@HIMYMTR 2 жыл бұрын
@@johnnycrossway4249 but it's an ongoing crime
@johnnycrossway4249
@johnnycrossway4249 2 жыл бұрын
@@HIMYMTR meaning?
@soflowfishin3949
@soflowfishin3949 2 жыл бұрын
Okay, so about 3 years & two months ago I was arrested for a warrant I had no clue about. Burglary and possible property damage (the first time I was hearing anything about this is when I was being booked into the county jail house). I’ve literally been through 3-4 public defendants; the first of which sent me a letter trying to convince me to take a insanity plea. After getting my court dates pushed back countless times, I finally hired a local attorney. He also tried to get me to take a probation/restitution deal, however, I didn’t commit the crime so I decided to take it to trial. The attorney I hired decided to withdrawal from the case after he scheduled a trial date alongside his withdrawal. Since it’s been over three years since I’ve been arrested and possibly over 4 since the alleged crime has been committed; what advice do you have for me? (I’m located in Florida)
@JWPeace_4MyBoys
@JWPeace_4MyBoys Жыл бұрын
ask for the complaint from the injured party
@zeropyrex6260
@zeropyrex6260 Жыл бұрын
Just run my brotha 🤣
@mendoblendo321
@mendoblendo321 Жыл бұрын
Hang low and put as much time in between you and the case. Run the statute out
@blickyrobinson5568
@blickyrobinson5568 Жыл бұрын
@@zeropyrex6260 😭😭
@TheAGODAMI
@TheAGODAMI 10 ай бұрын
@@zeropyrex6260 *WhaT type oF id10TiC advice is thaT.?!?* 😒
@cameronechols119
@cameronechols119 2 жыл бұрын
What's the statute of limitations on misdemeanor battery?
@e.j.alcairo8195
@e.j.alcairo8195 Жыл бұрын
It varies from state to state.
@daviddamron8550
@daviddamron8550 Жыл бұрын
If I had a misdeamenor from 03.Will it be dismissed?
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm Жыл бұрын
From 2003? Where at?
@daviddamron8550
@daviddamron8550 Жыл бұрын
@@SeanHenricksenLawFirm fort worth tx
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm Жыл бұрын
@@daviddamron8550 call Heather Barbieri.
@rahmaelbyrd
@rahmaelbyrd 2 жыл бұрын
10 years my mom put the lights and gas in my name without my permission and know I have a 7600$ bill has the limitations been over since its been 10 years?
@Henricksenfamily
@Henricksenfamily 2 жыл бұрын
In Texas, the statute of limitations for most fraud is 7 years, but that would probably be 7 years from when she stopped using your information. If you're in a different state, the limitations may be different. You may also be able to sue her because statutes of limitations for civil cases is different. Lastly, depending on how old the $7600 debt is, they may not be able to come after you because the statute of limitations for them to sue you may have passed. Call a local attorney.
@-humveehoove-6106
@-humveehoove-6106 Жыл бұрын
What if the court is tryin to charge me from 13 yrs ago?...
@-humveehoove-6106
@-humveehoove-6106 Жыл бұрын
Sent a letter sayij I had to pay this much amount an if not 2 days until the hearing. Went to the hearing an they stated they put it in collections an then pulled it out. They also claimed that they had mispelled the address.. for 13 yrs I'm in the state of pa.
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm Жыл бұрын
It sounds like that may be a civil issue. There is a statute of limitations on that side too. I would contact an attorney in your area if you still need help.
@Sarah-ng5lj
@Sarah-ng5lj 2 жыл бұрын
what if you have a warrant out for your arrest (felony burglary)? i know warrants don’t expire or go away- but would they be able to charge you if you were caught after the statute of limitations for the crime is up?
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm 2 жыл бұрын
On a felony, their deadline is the date you are indicted. If your case is indicated before the statute of limitations runs, they can charge you. It doesn’t matter if you are arrested after that.
@jh3748
@jh3748 2 жыл бұрын
@@SeanHenricksenLawFirm would you be interviewed by police or fbi prior to an indictment being brought against you?
@Henricksenfamily
@Henricksenfamily 2 жыл бұрын
@@jh3748 It depends on a lot of factors. A lot of times they don’t interview the person being charged.
@ambercarr250
@ambercarr250 10 ай бұрын
@@SeanHenricksenLawFirmso if a person was indicted in 2013 and charged with felony grand larceny and put on probation but has been absconding since, then the statute of limitations does on apply and the arrest warrant will be valid forever?
@TheAGODAMI
@TheAGODAMI 10 ай бұрын
@@ambercarr250 😆 *So you'Re the acTuaL cRiMinaL in quesTioN.?* 😒
@geraldinebonilla8957
@geraldinebonilla8957 Жыл бұрын
Hi im in California. And I was falsely arrested and falsely accused. There was a formal complaint. But no information or indictment.there was only a preliminary hearing. That shows no probable cause . And no oath or signature from a magistrate. This is going on 2 years july 14 . And im a co defendent . Was falsely accused of kidnapping false imprisonment and after the fact ... Im out on bail . And my Son was also arrested but was for attempted murder kidnapping false imprisonment gbi .. and is still in county We back on july 14 . He is also been falsely Accused. He has another open case on an assault that would be 3yrs On june 3rd were the alleged victim has not shown up . The courts officials are all corrupt . Knowing that they are conspiraring. And prolonging the matter .I tried to reach out to atty. For advice .. but i get the run around . My 4,5,14 amendment has been violated ...im low income and trying to do research on my own and i believe i have a civil suit ..???
@tytraulich4987
@tytraulich4987 2 жыл бұрын
Statute of Limitations exist because no one knows why. Even the most legal de fuckith dunno
@payneicecold3000
@payneicecold3000 9 ай бұрын
Because it's for the law to do their job and not sit on their ass for years and not do anything
@StevenMontoya-rl7jm
@StevenMontoya-rl7jm 11 ай бұрын
I'm free I'm the people.
@d.o.nvisionflims6211
@d.o.nvisionflims6211 2 жыл бұрын
Is there statue of limitations if charged?
@SeanHenricksenLawFirm
@SeanHenricksenLawFirm 2 жыл бұрын
In Texas, the statute of limitations is the deadline for them to charge you. Once you’re charged, it’s not an issue if they met the deadline, but speedy trial may be.
@whisdumbnowbitch7301
@whisdumbnowbitch7301 2 жыл бұрын
Great advice another trick for Statue of limitation, make them sit around with zero evidence till the suspect cant be charged, perfect legal robbery in my opinion unless they were willing to give you immunity, in any case immunity was never offered so I chose statue of limit auto expire route by years option.
@surfgod509
@surfgod509 Жыл бұрын
If you have nor been arrested it could make a difference...if Miranda Rights haven't been given to you while under indictment or jailed it could pose for a due process violation? Different States may vary...?
@Ubermensch201
@Ubermensch201 2 жыл бұрын
It bothers me that rape has a statute of limitations smfh in my opinion, all forms of sexual assault and murder should not have statute of limitations ( I know there is none for murder)
@payneicecold3000
@payneicecold3000 9 ай бұрын
Some people lie about being raped and people's lives are ruined
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