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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?

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Attorney answers 3


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.


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

Edward J. Blum


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.

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