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A lawyer told me that a state have 7 years to begin a warrant on a case that was violated, and 7 years to execute the warrant.
Anonymous4 views3 answers
My son violated his probation that was given to him on May 2, 2001 and the state of Texas issue a warrant on May 3, 2008. They did not try to locate him in the 7yrs as they should (Due Diligence). My son was Extradite back to TX on July 23, 15. My question is since the warrant expired on May 3, 2015 could TX Extradite him under a expired warrant. Next, When he committed the crime in 1999 the charge fell under a misdemeanor under evading arrest with unauthorized veh. My question is can Tx arrest him under a expired warrant, and if so can a Motion be file to stop the revoke of the probation. My next question is can the misdemeanor he was charge with the crime committed increase to a Felony since it was a misdemeanor when he was first charged
Answer to your second question: Yes, a Motion can be file to stop the revocation of probation since Motion must be filed before probated period expires. Since the maximum misdemeanor probation period is three years, his probation should have expired May 2, 2004 or sooner.
Answer to your third question: The state cannot increase a misdemeanor to a felony after a person has plead and been placed on probation for misdemeanor offense,
Larry Lex JohnstonCriminal Defense AttorneyHurst, TX ·
If it was a misdemeanor when it was committed, it is a misdemeanor forever. I've never heard of this 7 year rule. It may have been the rule in 1999, but definitely isn't today.
Your son needs a lawyer to look at all of the particulars of his case and formulate a plan
