Domain: dallascriminaldefenselawyerblog.com
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Comments · 11
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Re:Nothing to prosecute here - Statute of Limitati
THE FUCKING STATUTE OF LIMITATIONS HAS NOT EXPIRED.
http://www.dallascriminaldefenselawyerblog.com/2008/09/statute-of-limitations-texas-l.html
Could you at least have the fucking brains to DO THE RESEARCH YOURSELF before opening your mouth like a fucking parrot?
Why should I do the reasearch myself when the State Attorney General's office, whose job it is, has already done the research and determined that the statute of limitations has expired? After all, shouldn't they have a pretty good idea of what the law is - at least more so than some random Slashdot poster? You know, since that's their job.
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Re:Nothing to prosecute here - Statute of Limitati
THE FUCKING STATUTE OF LIMITATIONS HAS NOT EXPIRED.
http://www.dallascriminaldefenselawyerblog.com/2008/09/statute-of-limitations-texas-l.html
Could you at least have the fucking brains to DO THE RESEARCH YOURSELF before opening your mouth like a fucking parrot?
@Khyber
I am not a lawyer, not do I live in Texas. However, I do think your response was a little extreme, especially since you appear to have done partial research yourself. The link you provided show the statute of limitations as follows:
Ten Years - Injury to a child, elderly individual, or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code;
Five Years - Injury to a child, elderly individual, or disabled individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code; abandoning or endangering a child; or insurance fraud;
Two Years
All Misdemeanor offenses including DWI, marijuana possession, assault family violence etc.I am not sure if the expiration was 2 or 5, but I am fairly certain that the judge did NOT commit a felony.
Therefore, I suspect the statute of limitations expired (or actually was enabled).
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Re:Nothing to prosecute here - Statute of Limitati
Yes, she was disabled, per 22.04(c)(3). That makes the offence covered by 22.04, and therefore we can potentially consider the 2 longer SOL terms (longer as in not the default 3 year). However, being disabled does not in and of itself make it a 10 year SOL. The 10 year SOL requires a 1st degree felony (the most serious level); all other offenses under 22.04 are covered by the 5 year SOL.
22.04(e) makes the standard for a 1st degree felony be that it was serious injury (it references only those offenses under 22.04(a) and 22.04(a-1) which have the serious modifier). The standard for serious injury is really high, aka sent to the hospital & crippled for life; it wasn't a serious injury. (e) is the only part of 22.04 that makes anything a 1st degree felony; no other part of 22.04 makes anything higher than a 2nd degree felony. 22.04(f) makes what he did a 3rd degree felony; that is less serious than 1st degree. The longer stature of limitations requires it be 1st degree under 22.04. No serious injury implies not 1st degree under 22.04, implies 5 years is the longest SOL.
I notice you did reference some sections of Texas family statute, and you implied that they had bearings on the penalty. I looked, but those just seemed to be definitions; if you still consider them relevant could you re-cite, including year?
Another possibility is that you believe that the offense is indeed covered by 22.04(a)(1) or 22.04(a)(2), rather than 22.04(a)(3). (a)(2) seems most likely, since the legislature does not seem to have crisply defined serious mental injury. However, in comparison to the difference between bodily injury and serious bodily injury, a "serious mental deficiency, impairment, or injury" would have to be pretty bad, and claiming there was one would seem to be quite a stretch.
Another possibility is that you looking at a different version of the SOL statute; I'm looking at the summary of it that you linked too at http://www.dallascriminaldefenselawyerblog.com/2008/09/statute-of-limitations-texas-l.html under the presumption it is what you're using.
Finally, it could be a different version of the Texas penal code; I'm using http://www.statutes.legis.state.tx.us/docs/pe/htm/pe.22.htm which seems to be updated for at least as far as 2009. Note that the (a) subheadings are included immediately under the main section heading; bad formatting on the part of whoever assembled the statutes.
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Re:Nothing to prosecute here - Statute of Limitati
THE FUCKING STATUTE OF LIMITATIONS HAS NOT EXPIRED.
http://www.dallascriminaldefenselawyerblog.com/2008/09/statute-of-limitations-texas-l.html
Could you at least have the fucking brains to DO THE RESEARCH YOURSELF before opening your mouth like a fucking parrot?
FYI - the article you linked lists "injury to a child
... that is not punishable as a felony of the first degree" under the 5 years limitation. TFA states this happened 7 years ago. -
Re:Nothing to prosecute here - Statute of Limitati
THE FUCKING STATUTE OF LIMITATIONS HAS NOT EXPIRED.
http://www.dallascriminaldefenselawyerblog.com/2008/09/statute-of-limitations-texas-l.html
Could you at least have the fucking brains to DO THE RESEARCH YOURSELF before opening your mouth like a fucking parrot?
Tsk. Tsk. Tsk. Is this how pathetic some have become? Being abusive and posting a link they have not bothered to read carefully.
I know that he hasn't bothered to read the link carefully because I did, and from my reading I see that the statute of limitations for applicable crimes is at most five years: five for either "injury to a child" or "endangering a child", three for "All other felonies not already listed.". Maybe the SoL has not expired, but according to that link it has.
This demonstrating a saying of Abraham Lincoln's " When in a room full of people who think you are an idiot, it is better to say nothing then to open your mouth and
remove all doubt."Worse are the people who voted this up.
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Re:Nothing to prosecute here - Statute of Limitati
THE FUCKING STATUTE OF LIMITATIONS HAS NOT EXPIRED.
http://www.dallascriminaldefenselawyerblog.com/2008/09/statute-of-limitations-texas-l.html
Could you at least have the fucking brains to DO THE RESEARCH YOURSELF before opening your mouth like a fucking parrot?
Your link itself says that the Statute of Limitations expires after five years for injury to a child and if you RTFA you'd see it also explicitly says five years and the youtube clip of the news piece also says errrr five years.
So before f'ing and blinding, do make sure you're not doing a spectacular faceplant. You can get some anger management classes with the judge too.
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Re:Nothing to prosecute here - Statute of Limitati
THE FUCKING STATUTE OF LIMITATIONS HAS NOT EXPIRED.
http://www.dallascriminaldefenselawyerblog.com/2008/09/statute-of-limitations-texas-l.html
Could you at least have the fucking brains to DO THE RESEARCH YOURSELF before opening your mouth like a fucking parrot?
Five Years
Theft, burglary, robbery; kidnapping; injury to a child, elderly individual, or disabled individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code; abandoning or endangering a child; or insurance fraud;Did you even read your research ?
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Re:Nothing to prosecute here - Statute of Limitati
THE FUCKING STATUTE OF LIMITATIONS HAS NOT EXPIRED.
http://www.dallascriminaldefenselawyerblog.com/2008/09/statute-of-limitations-texas-l.html
Could you at least have the fucking brains to DO THE RESEARCH YOURSELF before opening your mouth like a fucking parrot?
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Re:The legal system at it's finest.
The State Attorney is a lying sack of shit.
http://www.dallascriminaldefenselawyerblog.com/2008/09/statute-of-limitations-texas-l.html
TEN YEARS.
2011-2004 = 7
Someone needs to shoot the SA as well.
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Re:The legal system at it's finest.
Ten years in Texas for injury to a child or disabled person, of which the daughter qualifies as both.
You must not know how to read laws.
http://www.dallascriminaldefenselawyerblog.com/2008/09/statute-of-limitations-texas-l.html
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