What is the statue of limitations to prosecute a misdemeanor attempting to trespass?

UPDATED: Nov 13, 2011

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What is the statue of limitations to prosecute a misdemeanor attempting to trespass?

I was apparently cited for attempted trespassing and a law firm has sent me a letter trying to get me to pay a fine that was given for this 13 years ago. Can they still press the issue? I have served 2 prison sentences for separate offenses and after each sentence asked the state to reveal any wants or warrants with no resulting request for me.

Asked on November 13, 2011 under Bankruptcy Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The general statute of limitations for prosecuting a misdemeanor offense is two years.  This rules applies to the duty of the State to file a formal complaint and information against you.  This does not apply to collection efforts after a plea bargain is reached and a final judgment is entered.  These obligations stay with you until they are paid or excused.  They also cannot be resolved or excused through bankruptcy.  Only the original court can excuse the debt.  Many defendant's who go to prison make motions for "time credit" to have their time in prison to be used to pay any outstanding fines or court-costs.  You may be able to petition the court for this type of credit.  So... to answer your question, yes you are still on the hook for the fine, but you do have options for taking care of it.  Because of budget crunches, more and more counties are using collectors to pursue sources of revenue that were long forgotten.  If the fine is incredibly expensive, it may be more cost-effective to have an attorney help you with the time-served motion. 

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