Texas Code of Criminal Procedure 12.05 – Absence From State and Time of Pendency of Indictment, Etc., Not Computed
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(a) The time during which the accused is absent from the state shall not be computed in the period of limitation.
(b) The time during the pendency of an indictment, information, or complaint shall not be computed in the period of limitation.
Terms Used In Texas Code of Criminal Procedure 12.05
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) The term “during the pendency,” as used herein, means that period of time beginning with the day the indictment, information, or complaint is filed in a court of competent jurisdiction, and ending with the day such accusation is, by an order of a trial court having jurisdiction thereof, determined to be invalid for any reason.