What does a grand jury indictment mean in Texas?

If the grand jury determines that there is probable cause that a specific defendant committed a specified crime, they issue a written indictment. The indictment is the formal charge of a specified crime and leads to the beginning of the trial process on the charge.

What are the duties of a grand jury in a criminal case?

The grand jury’s function is to decide whether there is “probable cause” or “prima facie evidence” to believe that a person has committed a crime.

What does it mean when a case goes to grand jury?

The grand jury plays an important role in the criminal process, but not one that involves a finding of guilt or punishment of a party. Instead, a prosecutor will work with a grand jury to decide whether to bring criminal charges or an indictment against a potential defendant — usually reserved for serious felonies.

What happens after a felony indictment in Texas?

After an indictment, a criminal trial will proceed. In this trial, the prosecution must prove the defendant committed the crime beyond a reasonable doubt to reach a sentence. The court may drop charges after an indictment if the criminal trial fails to prove the defendant committed the crime.

How serious is a grand jury indictment?

A grand jury indictment sounds serious, and it is. The defendant does not have a right to participate or be involved in the jury proceedings. The good news is an experienced Texas criminal defense attorney can step in and potentially influence the case before charges are even filed.

What evidence is needed for an indictment in Texas?

But when you’re indicted in Texas, you’re being charged with a felony. To be indicted, the prosecutor must take evidence to the grand jury, and the grand jurors then must vote to indict you. They might first talk to witnesses or request more evidence.

How long does a grand jury have to indict someone?

The statute of limitations is five years for most federal offenses, three years for most state offenses. The federal and state grand juries are impaneled for a specific period of time; however, if they do not reach a conclusion on your case, the prosecutor can start over with the newly impaneled grand jury.

Why do grand juries meet in secret?

The prosecutor presents all the evidence to a grand jury, which — instead of a judge — decides whether there is enough evidence to file charges and send the accused straight to a trial. Grand jury testimony is secret, so it can be an opportunity to get honest testimony about difficult subject matter.

What is a disadvantage of having a grand jury?

It also benefits the taxpayer, because it is a less costly option than a full trial and allows the parties to potentially resolve the issue without going to trial. One major disadvantage is that the grand jury process can encourage pleas and other decisions that may be unnecessary.

What happens if you are not indicted in 180 days?

At that point, if the defendant is out on bond, the State has 180 days to secure an indictment from a grand jury against the defendant, and if they don’t, they have to dismiss the case. The only time the State can proceed without a grand jury indictment is if the defendant has waived indictment.

Does an indictment mean jail time?

It depends. There’s no hard and fast rule that covers whether or not someone must remain in jail after being indicted. This decision is made early in the trial process at a bond hearing.

How long does it take for a felony case to go to trial in Texas?

Trial. According to the Texas felony process, trial will commence within 180 days of the arrest. You and your attorney will have the opportunity before trial to negotiate a plea deal with the prosecution. The plea bargain can allow you to plead guilty to lesser charges, thus minimizing your punishment.

What does a grand jury do in Texas?

This article seeks to answer those questions and clear up some of the myths about grand juries in Texas. A grand jury is group of 12 citizens that review felony criminal charges to determines whether probable cause exists for the case to continue forward. This is NOT the same type of jury that hears the case at trial.

How does a grand jury decide on a felony?

The Grand Jury decides whether or not to indict by deciding whether or not there is probable cause. Probable cause is the legal term for the amount of evidence needed to decide that a felony was committed – this is not to determine guilt or innocence of the person accused.

What does the Code of criminal procedure say about grand juries?

The grand jury shall inquire into all offenses subject to indictment of which any grand juror may have knowledge or of which the grand jury is informed by the attorney representing the state or by any other credible person. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.04, eff. January 1, 2021. Art. 20A.052.

What happens to a no bill grand jury?

If the grand jurors determine that there is not probable cause to believe an offense has been committed by the named defendant, then they vote to issue a no-bill. A no-bill typically means the case is dismissed and the District Attorney will not proceed with prosecution of the case.