A grand jury is an essential part of criminal proceedings. In felony cases, prosecutors use grand juries to determine whether to charge a defendant in a criminal case. Although most 50 states use this process in felony cases, only some make it a requirement before prosecution. Texas happens to be one of the states that require a defendant to be indicted by a grand jury to bring about a criminal proceeding.
Difference Between A Regular Jury And A Grand Jury
Although both require an impartial group of people who help decide in legal proceedings, a regular jury and a grand jury are two separate matters and used at two distinct parts of our legal system.
A regular jury is a body of peers or community members summoned to render a verdict in a court case, identifying who or what is liable or criminally responsible. A regular jury, or trial jury, is called after the filing of charges. The jury then decides whether the defendant is guilty or not.
A grand jury, on the other hand, is used before filing charges against a defendant. The grand jury determines whether or not the state has probable cause to bring on those charges. The finding of the grand jury helps begin the process of criminal proceedings.
Types Of Cases
Texas has two categories of crimes: misdemeanors and felonies. Felonies are considered the more serious of the two. These crimes include such things as rape, murder, robbery, and more. Under Texas law, before the state can bring any felony cases to trial, the defendant must be indicted by a grand jury.
Members Of The Jury
Members of a grand jury are summoned the same way as a regular jury pool. In grand jury hearings, the prosecutor will choose 12 people from the jury pool. To serve as a member of the jury, a person has to meet specific requirements. These requirements include being a resident of the county, the ability to read and write, not under indictment themselves, not on probation, and more.
The Grand Jury Process
The prosecutor uses a grand jury to see whether a defendant should be charged and prosecuted in a trial court. In deciding if a criminal court case should go forward, the prosecutor explains the proposed charges and presents evidence to the grand jury.
The process is not open to the public and is considered “secret.” There is no judge present, and the prosecutor leads the proceeding. The jury and all others who participate in the proceedings cannot discuss or divulge anything during the process.
The prosecutor presents their case for indictment by presenting evidence. Evidence presented can include documentation as well as witness testimony. Members of the grand jury can ask questions to the prosecutor as well as the witnesses. After the presentation of the evidence, the grand jury will determine if there is probable cause. In Texas, at least nine members of the jury must agree to issue an indictment.
If a grand jury decides to indict a defendant, the grand jury is said to “true bill” the case. If the grand jury decides not to indict, the grand jury is said to “no-bill” the case.
What Happens If A Person Is Called Before A Grand Jury?
If someone becomes the subject of a grand jury investigation, some critical things should be kept in mind. First and foremost, the person has a right to be represented by an attorney.
A defense attorney cannot be present at the hearing alongside the defendant, but having an attorney during this process is very important. A defense attorney’s role is to prepare their client for the hearing and ensure that the defendant is aware of their legal rights. In some cases, the defense may even make a presentation to the jury members. On occasion, this presentation may lead to a defendant receiving a lesser charge or even no indictment at all.
Grand Jury In Texas – What It All Means
Under the Texas Code of Criminal Procedure, all felony cases must begin with an indictment from a grand jury. The process is a significant one in a criminal proceeding and determines if a defendant will be facing charges.
If you find yourself a subject of a grand jury investigation, it is vital to have someone on your side. The attorneys at Vinas & Graham, PLLC, have decades of experience and can help you. As former prosecutors, they have the knowledge and expertise to represent you in any criminal matter. Contact Vinas & Graham today for a consultation. Be sure to follow us on Facebook for other Houston defense law information.
