MIP/PI Statute of Limitations

PacSER

PacSER

500+ Posts
Does a city have a specific time frame to convict on these charges? Basically, a "friend" has never shown up for these charges. It has been over five years now.

Further, if needed, is it possible to convince the court that it was not "my friend" but somebody who had his DL?
 
I'm not a lawyer, but I believe the clock on statute of limitations stops at the time charges are brought. If your friend has failed to appear for a court date, he is not doing himself any favors. The charges will still stick no matter how long he stalls.
 
Wrong board, take it somewhere else!!
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trashmaster is basically correct on all of the crucial info.

you can't repeatedly break the law, committing FTA's for some period of time, and then escape the charges.

Think about it. Why would any rich person EVER face criminal charges in court if this was possible.
 
i suggest your friend consult an attorney and have him take care of the charges....i can guarantee you that your friend now has warrants out for failure to appear and for the PI/MIP. Basically he probably had around 30 days to take care of the initial charges. However, when he failed to take care the first charge, they began assesing more fines for failure to appear, warrant fees, etc. After they issue 3 notices for the intial charges and failure to appear, they issue warrants, each warrant has a 50 dollar fee. My guess is your friend now has warrants for the PI/MIP and various failure to appears. As for convicing them he didnt have his DL, then good luck cause if he gets caught, thats perjury and he might as well just ask to be locked up. My advice for your friend is get a good attorney and have him take care of it, otherwise your friend will be carted off next time he goes to renew his DL or when he goes downtown to deal with the charges.
 
Rather than start a new thread, I'm going to tack on a legal question of my own.

In May 2002, I got a pretty hefty speeding ticket in Trenton, New Jersey. I was a junior at UT at the time, had a pretty sever "**** it" attitude, and was completely broke, so I considered the ticket a souvenir of the trip and intend to never pay it.

I'm only in trouble in New Jersey, right? Or is this going to **** my **** up later down the road?
 
My three trips to New Orleasn in the past 3 years have left me in the same situation. Gotten 4 parking tickets and one PI. Dont plan on ever taking care of them because I only go to The Big Easy to meet friends. Dont ever plan on living there or anywhere in LA, or running for any type of Gov. office. Probably a stupid strategy but oh well.
 
As someone who has gotten tickets all over Texas I can say that the PI/MIP will only show up in the county in which the ticket was received. It isn't on any driving record so tell your "friend" that he shouldn't have to worry about being stopped by cops in other counties.

As far as New Jersey I would have done the same thing. The ticket can affect your insurance but it's not like they are going to extradite you to the Garden State over a speeding ticket.
 
first of all, statute of limitations apply to when you commit the crime. i.e. if your friend was drinking under age 5 years ago and the cops got evidence of it today, they could not charge him because the SoL has run. but if they charged him at the time of the offense he is indeed liable for it and now is facing significant penalties as well as a warrant most likely.

as far as out of state tickets go, it's a calculated risk. if you ever get pulled over driving through the state, you're going to jail. you'll be facing the ticket cost plus some pretty substantial penalties. and those who tell you you're fine if you never go in the state are sadly mistaken. states will occasionally send out officers to other states with a whole bunch of warrants to serve. it could be 10 years down the road, but you could get that knock at the door one day. i would take care of this **** if you have the means to do it.
 
I got a speeding ticket quite a while back when I was in Pennsylvania and totally forgot about it when I came back to Texas.

About 3 years later, while I was moving, I found the ticket.

I was planning on going to visit Pennsylvania again the next year and had to do some calling around to find out where I had to take care of the ticket.

The trooper I spoke with said since it had been over a certain amount of years (can't remember how many) I had gotten lucky and they had thrown the ticket out.
I had every intentions of paying it, and let him know before he even gave me the news.

They do go away, but I was under the impression that felony charges do NOT go away.

To keep it 3:16, felonies are like Herpes, you keep it forever.
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right now i know APD doesnt have the technology to search the warrant database for other states, but i was informed that in the near future the DPS will be able to search for warrants in other states. Most likely the officers wont have this for awhile, but next time you go to get your DL renewed you may be suprised.
 
It also depends on the city you are going through. I have a friend that has warrants in Dallas and Mesquite, and got stopped heading to Desoto, in Balch Springs. Cops gave him a ticket for speeding, told him he needs to take care of those warrents. When he asked, like a dumb ***, why they werent going to take him in, they told him warrents for another town arent worth their time and expense. I figure this is a rare case, but still gave me a chuckle.
 
Damn! Thought I was posting on Horn Depot!
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My friend has both renewed his license and received speeding tickets. Further, the county has never sent him a thing to indicate he has warrants. I think he should get a lawyer.

Can a mod move this to depot please..

I'll posts pics but can't guarantee they will ever show up..
 
If other states have an extradition teaty with Texas ( and only about 7 do not), then they can, and often will provide a copy of the warrant to DPS. They won't act on it unless you get pulled over, but if so, you can and will be arrested.
 
Your friend was charged with PI/MIP and most probably convicted of it. He was also most probably charged and convicted of a failure to appear. The statute of limitations has no application here. Let's say you rape Jane Doe. Unless you get caught and/or charged within a certain number of years, the statute would run out. In your friend's case, he was arrested and charged. When he failed to appear, he was convicted. As I said, most probably. He was probably assessed just a fine, but he might have been assessed some jail time. I have no idea what the penalties are for MIP/PI.

I don't do criminal work so I may be off a little bit, but at least I have a law license.
 
I thought that there wasn't a statute of limitations on sex crimes.

That's why I'm still sweating those times I babysat people's kids back in high school.
 
As for the PI - he wasn't convicted by not showing, but does now have a failure to appear, and likely has warrants. It depends on where the ticket was issued and how efficient that court is. I would tell him to call the court and check on the status, then hire a lawyer.

As to out of state tickets....DPS is now suspending driver's licenses for out of state tickets that aren't taken care of. I used to get calls from people that had received notice of suspension because of a ticket they got in another state - often it was 10 years ago. The idea that if you never go back to that state you're free and clear was true once upon a time, but no longer.

Finally, two years of traffic ticket defense comes in handy.
 
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