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Transfer from Justice/Municipal Court

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November 12, 2007, 15:19
suzannewest
Transfer from Justice/Municipal Court
This is a question about the statutes of limitations as stated in 51.19--that a petition filed is considered the same as complaint and information or indictment.

A case is filed in justice court but then transferred by the judge to juvenile court. No petition has been filed in juvenile court. Was the original case in juvi court enough to satisfy the statute, or is the clock still ticking because no petition has been filed?

I think that the petition must be filed to satisfy the SOL, because right now the case is in limbo and thus the statute would be counting, but I couldn't find any case law that says so. Any thoughts?
November 12, 2007, 23:14
Adam Poole
I think you're ok on SOL. Art. 27.14(d) CCP says that the ticket itself serves as the charging instrument for a Class C, and once filed with the court it tolls the SOL until such time that a formal sworn complaint must be drafted. I don't see why this would be any different for juvenile as opposed to an adult.