My husband was arrested on a probation violation that is 24 years old isn’t there a statute of limitations on this and which we do about it

UPDATED: Oct 1, 2022

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My husband was arrested on a probation violation that is 24 years old isn’t there a statute of limitations on this and which we do about it

Why my husband was 23 yr old he took a
car for a joyride , he was charged with
burglary of a vehicle authorized d use
of vehicle vehicle, he was given
probation. He did someof it but had to
move to a Arkansas for work and they
would not transfer his probation he is
now 45 And has been arrested three times
in the past 10 years not once did they
try to come to get him on this parole
probation violation they were notified
but never came and when he was released
in 10 days

Asked on December 5, 2017 under Criminal Law, Texas


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

Answered 5 years ago | Contributor

The prosecutor does have to show that they used due diligence to proceed with the probation revocation.  However, this is a defensive pleading.  This means that your husband has to be arrested, go back to the original court, and then make the argument that the charges should be dismissed.  His argument is that  because it's been so long and they have had multiple opportunities to extradite him to the original state, that the prosecutor has failed to exercise due diligence.
If he can hire an attorney in the original prosecuting state, he may be able to get them to work the case and get a dismissal without your husband having to appear in court.  Sometimes, the prosecutor will simply want the restitution paid and then they will finally dismiss the case.  
Until the probation revocation is formally withdrawn and dismissed, your husband runs the risk of being arrest any time he is pulled over for a traffic violation.

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