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How long before you can be indicted while out on bond?

Dallas, TX |

My friend was arrested in Dec. for a drug charge. They originally said that it was organized crime because there were 4 people in the car. Everyone was able to post bond and get out within 2 days. However we are in March and they have still not been indicted. How long does the state of Texas have to indicted them?

Attorney Answers 3


  1. The Statute of Limitations for a felony drug charge is generally three (3) years from the date of the offense. The State has that amount of time to obtain an indictment. 4 months is not that long for a drug case, because the laboratories used by the State to test the substance and confirm that it is drugs, are very busy and backlogged. Sometimesd it can take months, even a year or more, to obtain the test results.


  2. I don't practice in TX. Up to 3 years or more depending on the applicable statute of limitations.

    Edward J. Blum


  3. The statute of limitations is usually the short answer, however a defendant's constitutional right to a speedy trial is also involved. With respect to drug cases, it is not uncommon for the State to sit on the case while the Feds take a look as to whether they want to pick it up.

    Comments and admissions placed on Avvo are not privileged, be careful and only ask general questions. Contact an attorney to establish an attorney-client privileged communication. Please remember that this is general advise about this subject matter area and should not be construed as establishing an attorney-client relationship or specific advise on your situation.

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