If the applicant is accused of committing a felony offense, whether by indictment, information, warrant, arrest, or other means, and has not been convicted of the offense, the applicant or petitioner may apply:
(1) to the judge of the court in which the indictment or information charging the applicant is pending; or
(2) if an indictment or information charging the applicant has not been filed or the judge of the court in which the indictment or information is pending is not available:
(A) to any judge with felony jurisdiction in a county to which the writ is returnable; or
(B) if there is no judge with felony jurisdiction available in a county described by Paragraph (A), to any judge with felony jurisdiction who presides over a court in any county that adjoins a county described by Paragraph (A).