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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23600
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My friend and I where charged with possession of a

Customer Question

My friend and I where charged with possession of a controlled substance. We had nothing on us but they where adamant we did. Since then it's been 9 months and his charges where dropped and I have never been indicted as of yet.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.

Hello,

Have you been arraigned on this charge? Are you saying that your co-defendant's charges were dismissed but that yours were not? Are you still appearing on this case and if they haven't inicted, have they reduced your charges to a misdemeanor? In what US state is all of this happenng? Are you represented by counsel?

What is your question with regard to this situation? Please reply here on this question thread so that I can find your responses and answer your question.

Customer: replied 10 months ago.
Just been arrested and bonded. Yes my friends charges where dismissed and I have not been notified that mine have been. I have not been indicted I'm in Texas
Expert:  Zoey_ JD replied 10 months ago.

I still need more information, including what you need to know.

Have you been to court since you bonded out? If so, what has happened on your court dates? Are you represented by counsel?

Customer: replied 10 months ago.
No court since bond no attorney yet.
Expert:  Zoey_ JD replied 10 months ago.

The state has until the statute of limitations runs out on this charge to file the charges against you. After that, it's too late to be prosecuted. In Texas the statute of limitation is two years for a misdemeanor and three for a felony.

If the case has been filed with the court, then the statute of limitations wouldn't define how long this case can be open against you. Your right to a speedy trial in Texas would be dispositive of the situation. This is a complicated area of law and would require a motion to be filed in court on your behalf. The court would apply a balancing test as mandated by the US Supreme Court to determine whether or not to dismiss your case. They look not at the age at the case but at:

(1) the length of delay;
(2) the reason for the delay;
(3) the assertion of the right to speedy trial by the accused; and
(4) the prejudice to the accused resulting from the delay.

Using this balancing test, States have held that even a year's delay is not a denial of a defendant's right to a speedy trial, depending upon the facts and the balancing test above.

Your best bet may be to get a local lawyer involved here to reach out to the DA and find out if this case is actually being investigated with a view to going further, or if there is some mistake and it should have been closed when your co-defendant's was.