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Otherwise, according to Section 2, the statute of limitations is 10 years, with exceptions for minors that often coincide with the victim's 18th birthday. Chapter 17, Article 17.028 stipulates that it must take no more than 48 hours after the arrest for a magistrate to decide whether or not a defendant is offered bail, conditional or unconditional.
Equitable tolling applies in criminal and civil proceedings, including in removal proceedings under the Immigration and Nationality Act (INA). [2] Equitable tolling is a common principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the ...
A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an affirmative defense to seek dismissal of the claim. The exact time period depends on both the state and the type of ...
Article 14.01 of the Texas Code of Criminal Procedure states that a peace officer “or other person” can make an arrest without a warrant when an offense is committed in their presence or ...
Speeding — is the most common reason drivers in Texas are stopped. While officers may give some leeway in how much over the speed limit a motorist is going, the law does not the same level of mercy.
The Texas Constitution says: “The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to ...
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
Arrest warrants are issued by a judge or justice of the peace under the Criminal Code.. Once the warrant has been issued, section 29 of the code requires that the arresting officer must give notice to the accused of the existence of the warrant, the reason for it, and produce it if requested, if it is feasible to do so.