I should know better than to get my hopes up.

Yesterday morning, my client’s DWI was set for a pretrial conference. That’s the last setting before a contested pretrial motions hearing in Travis County. But it doesn’t get set for pretrial motions until the complaint and information (official charging instrument in a misdemeanor) have been filed at the county clerk’s office.

This was – hang on, let me go check my calendar – the 27th time my client’s case was set on the docket. Which is a lot – but, no complaint and information, it just keeps getting reset about once every 3 or 4 weeks for another status check.

Today was 732 days after my client’s arrest. Two years and two days after. The statute of limitations for a misdemeanor DWI in Texas – which applies to the filing of the charging instrument only – expired two days ago. But this morning when I looked in the clerk’s file, the C&I was there. It had been filed in between the last two settings, just under the two year deadline.

Sigh.

That’s OK. Now I’ll just have to earn my fee the regular way.

  • George Pollard

    I hope the client was on bail, and not sitting in court waiting for trial.

  • George Pollard

    Instead of court, I meant jail.

  • George:

    Good grief, yes, of course he was out. I’m talking about a Class B misdemeanor DWI, punishable by a maximum of 180 days in jail.

    Taking into account 2 for 1 good time, if he’d been in jail this whole time it would be 8 times the maximum sentence.

    Also, under Chapter 17, he would have been entitled to bond a long time ago.

  • Richard

    I was arrested for a DWI, 3rd offense in June of 2006, and still haven’t gone to court, is there a Statute of limitations that can help me?? It is now fixen to be 3yrs and I have been told that it has been dropped to a misdemeaner, but still have not gone to court. I actually have been taken off the docket for over a year now. What should I do??

  • nik

    i am so afraid i am so scared. within 6 months of each other i received 3 dwi’s. my boyfriend passed away before all this and i got super depressed and thats what happen. i went to all of my arraignments but never showed up for any of my trials. now i have attachments for my arrest. i am a single mom. just recently had surgery. and im scared to go to court without an attorney.what should i do?