Expert: Robin Sexton - 5/16/2008

Question
QUESTION: My 17 yr old son was arrested in October 2007 on attempted burglary of a habitation.  He gave a statement, no attorney present, no parent present.  I do know the DA still has the charges pending.  What is the limitations for this charge?

ANSWER: Regina,

Sorry about what your son got involved in.  I am not sure what you mean by limitations, if you are referring to how long the DA  has to charge it depends if "attempt" is a felony in your state or not.  If it is a felony technically it could be in the neighborhood of 5 years.  On the practical side if charges aren't filed in 6 months I would be surprised.  I am curious about what you mean by "arrested",  was he given a citation, notice to appear, was he jailed ?  Just because he was detained by police and gave a statement doesn't mean he was arrested.  You are well within your paternal rights to call the police and asks the status of the investigation.

Good luck

Robin

---------- FOLLOW-UP ----------

QUESTION: Yes mam he was arrested and had to bond out on a felony attempted burglary of a habitation.  No court date has been given and when I call the DA's office they say the charges have not went before the grand jury.  So how long can a grand jury "sit" on deciding wether to go further or not.  We live in the state of Texas.

Answer
Regina,

I researched some of the Texas Criminal Procedure Rules.  Since I don't work in Texas and not familiar with their system.  My quick read indicates that they can probably indict anytime within the statute of limitation which appears to be 5 years.  My suggestion is to contact an attorney competent to practice criminal law in your area for consultation.

Sorry i could not provide a better answer


Good luck

Robin