For any given offense there is a statute of limitations; that is the amount of time the State has to file the charging instrument with a Court. The clock starts on the date of the alleged offense. The statute is 2 years for all misdemeanor cases and at least 3 years for felony cases (again, it varies depending on the offense). Calling an attorney in the meanwhile would not be a bad idea. You don't have to retain one as of yet, but you should get a framework about the system. Good luck

Texas does NOT permit the government to hold your husband to bond for an indefinite period of time, but I have found many attorneys and also two judges, who practiced criminal law prior to their judgeships, who were unaware of this fact. The exact term period in which the government must indict or let you off bail is a bit complicated to calculate because the calculation under the Texas Code of Criminal Procedure references the "end of the next term of court" OR 180 days, whichever is LONGER. For terms of court, you have to read the Texas Government Code. The terms of court often give the government about one year.

The essential answer is that the government has almost one year to indict or file and Information. If they do not file within this time, a lawyer can file a writ to get a hearing. This bit is unrelated to the statute of limitations.

At the hearing, your lawyer should argue that your husband's liberty has been restricted beyond the statutory period. If the government doesn't have a good reason for not indicting before the time period (of about one year) expires, the judge can dismiss the CURRENT prosecution. Please listen carefully — this does not mean your husband is off the hook. The government can (1) come at it again within the statute of limitations or (2) they could decline to prosecute him further because perhaps the case was refused by the DA's office, or the police didn't even refer the case to the DA's office and no one told him.

At one of my writ hearings, the government shadily requested a continuance. When we met again in court, the ADA told the judge they had indicted my client that morning. That is likely what would often happen unless the case had been refused behind the scenes. The judge also thought that was very sneaky of the government, but nothing prohibits them from seeing your husband's filed writ and then hustling to indict before the hearing. I advise you to get a lawyer who knows this part of the law.

Without a lawyer, your husband will almost certainly be on the hook for bond calls and conditions of bond restrictions until someone files that writ and argues it.

At the hearing, a great lawyer will also invoke the statute which prevents the police from arresting your husband again — for the same offense, of course — UNTIL the DA's office has an indictment and they're ready to go forward speedily.

The minimum statute of limitations on a felony is three years in Texas (longer for many offenses). That means the State has at least three years to file charges against him. If his case involves drug or blood evidence that has to be sent to a lab for processing, the case will move more slowly. The average felony in Denton is indicted within about 12 months when a person is on bond. But many cases are taking even longer now that COVID has slowed down every part of the process.

I would use this time to at least be interviewing attorneys, so he has an idea of what to expect from this process. Many of us offer payment plans based on how long we expect the case to take. So you've already lost 6 months on a payment plan, which just means your monthly payments will be higher now because a payment plan will be shorter. Many of us also offer free consultations, so there's no harm in calling around to discuss the case.