How long does the State have to indict you in Texas?

What does 32.01 dismissal mean?

A dismissal under 32.01 is not always the end. Depending on the circumstances, the State may be able to re-present the case before the limitations period runs.

What about release if the State is not ready?

Code of Criminal Procedure 17.151 generally requires release on a personal bond or reduced bail if the State is not ready for trial within 90 days of detention on a felony, with exceptions for certain offenses.

What should I do while waiting?

Follow bond conditions, keep your address current with the court and your bondsman, and talk with a lawyer about whether to present information to the grand jury.

What is a speedy trial claim?

Separately from article 32.01, the U.S. and Texas Constitutions protect the right to a speedy trial. Courts weigh the length of the delay, the reason for it, whether the accused asserted the right, and the prejudice caused (Barker v. Wingo, 1972). A speedy trial claim is fact-specific and usually requires asserting the right on the record.

What can the defense do before indictment?

• Request an examining trial on probable cause (Code of Criminal Procedure 16.01)
• Gather evidence and witness statements early
• Ask for bond reduction or modification of conditions
• In some cases, provide information to the prosecutor that may support a no-bill or a reduced charge

What is a no-bill?

A grand jury that does not find probable cause returns a no-bill. A no-billed case may become eligible for expunction, though the State can sometimes present the case again. See expunction and nondisclosure.

What is the statute of limitations?

The statute of limitations is the deadline for filing charges in the first place. Most felonies have a three-year limit, some longer, and some none (Code of Criminal Procedure article 12.01). It is a different rule from the time limit for indictment after an arrest.

How does parole eligibility work?

For most offenses, a person becomes eligible for parole when actual time served plus good conduct time equals one-fourth of the sentence or 15 years, whichever is less (Government Code 508.145(f)). For offenses listed in Code of Criminal Procedure 42A.054 and offenses with a deadly weapon finding, eligibility requires actual time of one-half of the sentence or 30 years, whichever is less, with a two-year minimum (508.145(d)). The parole board decides whether to release a person who is eligible.

How long does the State have to file charges?

The statute of limitations depends on the offense. Most felonies have a three-year limit, some have longer periods, and some, such as murder and manslaughter, have none (Code of Criminal Procedure article 12.01).

What does the Dallas County process look like?

1. Arrest, booking at the Lew Sterrett Justice Center and magistration within 48 hours.
2. Bail and conditions under Code of Criminal Procedure 17.15. See bail changes in 2025.
3. Grand jury presentation and indictment or no-bill. See how long the State has to indict.
4. Settings in a Criminal District Court at the Frank Crowley Courts Building.
5. Plea, dismissal or jury trial with 12 jurors, and a separate punishment phase.

What should I bring to a consultation?

• Bond paperwork, citations and any order you were given
• Court dates and case numbers, if you have them
• A written timeline of what happened
• Names of witnesses
• Any documents, messages or photos that relate to the case

Where are these cases heard outside Dallas?

Felony cases are heard in the district courts of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

An example

A person is arrested for a felony and released on bond in March. If no indictment is presented by the deadline in article 32.01, the defense can move to dismiss the complaint and discharge the bond. If the person is in jail and the State is not ready for trial within 90 days, article 17.151 generally requires release on personal bond or reduced bail, with exceptions. Neither rule necessarily ends the case permanently, but both can change the person's situation significantly.

Key terms

Grand jury

A panel that decides whether there is probable cause to indict in a felony case.

No-bill

A grand jury decision not to indict.

Magistration

The first appearance before a magistrate after arrest, within 48 hours, where rights are explained and bail is set.

Personal bond

Release on a promise to appear, without a cash or surety deposit.

Bond

The security posted to obtain release before trial, with conditions set by the magistrate or court.

Common mistakes to avoid

• Talking about the facts with police, friends or on social media
• Missing a court date or a bond condition
• Assuming the case will be dropped without action
• Waiting until the last minute to gather records and witnesses

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026