what reason were you given for not being able to claim benefits?
Was he aware of the charges/potential charges against him when he left Germany 6 years ago?
Does he have any family in Germany?
Is he in prison there or out on bail?
Your right to reside in the UK in accordance with the EEA regulations is dependent on your husband living in the UK and exercising his treaty rights here. He can be absent from the UK but the absence needs to be temporary. How long are the legal proceedings there likely to last?
As you are still married you cannot rely on the retained rights of residence clauses and in any event have been here for less than a year.
There is also another clause for retained rights of residence in the event that the EEA national leaves the UK if you have a child who is in education but as your child is only 2 years old I assume this is probably not relevent.
Currently you may well still have the right to reside here but if your husband's absence is likely to be permanent/or more than 6 months then you will have difficulties proving your entitlement to remain under the EEA regs.
I suggest you seek advice from a qualified immigration practitioner. If you have a low income then you should be entiled to free legal help:
http://www.communitylegaladvice.org.uk/ ... search.jsp
