A significant change in Texas law has given prosecutors a powerful new advantage in family violence cases. Effective September 1, 2023, the statute of limitations for these offenses has been extended, meaning the state now has more time to build a case and file charges against you.
This legislative change, part of House Bill 467, directly impacts anyone facing allegations of family violence in Plano, Frisco, or anywhere in Collin County. What might have seemed like a resolved issue from years past can now resurface with serious legal consequences. The pressure to secure a conviction has intensified, and so has the need for an immediate and robust defense.
An ominous calendar with a future date circled in red, symbolizing the extended time prosecutors now have to file charges.
With extended statutes of limitations, an old argument can lead to new criminal charges years later.
What is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. In simple terms, it’s the legal deadline for prosecutors to file criminal charges. Once this deadline passes, they generally cannot prosecute the crime.
How Has the Law Changed for Family Violence?
Previously, the timelines for filing family violence charges were much shorter. The new law, HB 467, extends these deadlines significantly:
- Misdemeanor Family Violence: The statute of limitations has been extended from 2 years to 3 years from the date of the alleged offense.
- Felony Family Violence: The statute of limitations has been extended from 3 years to 5 years from the date of the alleged offense.
This means an incident you believed was long behind you could now lead to a surprise arrest and criminal charges years after the fact.
Why This Change is a Major Problem for the Accused
This extended timeframe creates significant challenges for building a defense. Over time, evidence can disappear, witnesses’ memories can fade, and alibis can become harder to prove. The passage of time can make it incredibly difficult to reconstruct the events accurately, which often works in the prosecution’s favor.
This law empowers prosecutors to take their time, waiting to see if a person might be accused again or gathering more evidence to strengthen their case from a single incident.
What to Do If You Are Concerned About a Past Allegation
If you are worried that a past incident could lead to new charges under this extended statute, it is crucial to be proactive.
- Do Not Speak to Investigators: If law enforcement contacts you about an old incident, do not answer any questions. Politely state you will not speak without your attorney.
- Contact a Lawyer Immediately: An attorney can assess your situation, advise you on your risk, and begin preparing a defense strategy preemptively.
- Preserve Any Evidence: If you have any records, messages, or other evidence related to the old incident, secure it. Your attorney can determine what is relevant.
Collin County Family Violence Defense Attorney
At Starr Law, P.C., we are prepared to defend against both new and old allegations. Our firm has vast experience handling complex family violence cases where evidence may be stale or witnesses may be difficult to locate. We know how to attack the state’s case, challenge the reliability of old evidence, and protect your rights against these delayed prosecutions.
Don’t let an extended deadline result in a rushed defense. If you fear an old incident may resurface, now is the time to get legal protection.
Contact Starr Law, P.C. for a confidential consultation to discuss your situation and secure your future. Call us at 214-982-1408.
