As one of the most experienced criminal defense firms in Houston, we receive a lot of questions about the grand jury process. Here are our answers to them.
What Is Grand Jury Duty?
Serving on a jury is considered a civic responsibility. In Texas, grand juries are used in felony criminal cases. To serve on the grand jury, a person must meet certain qualifications, including being at least 18 years of age, being qualified to vote (whether registered or unregistered), and not having a conviction of a felony yourself. There are 12 members on a grand jury in Texas.
It’s possible to get out of grand jury duty by showing that you have an exemption or being disqualified from serving.
How Does A Grand Jury Work?
In any case, involving a potential conviction of a felony offense, the charge must be presented to a grand jury before it can be prosecuted. According to the Texas Code of Criminal Procedure, the grand jury is responsible for inquiring into all offenses subject to indictment. The grand jury listens to the testimony and decides whether there is probable cause to indict the defendant.
Grand juries can subpoena witnesses and call the accused to testify before them, although you can refuse to answer questions by asserting your fifth amendment rights. Anything you say during a grand jury hearing could potentially be used against you in further court proceedings.
Grand jury proceedings occur in secret. After they evaluate the evidence, they deliberate. They then share their decision as to whether there is probable cause to indict the accused.
How Is A Grand Jury Selected?
Each county receives a list of potential jurors from the Secretary of State. Individuals are randomly selected from this list and mailed a summons to report for jury duty. Jurors are given a questionnaire that they return to the court.
Potential jurors show up to court and are usually put in a courtroom with the judge and lawyers for a particular case. The attorneys complete the voir dire process to weed out any jurors who may be biased against their case or in favor of the other side. The lawyers are also given your answers to the questionnaire. Each lawyer is given a certain number of challenges they can make based on cause or as a preemptory challenge. After all challenges are used up; a jury is chosen to hear the evidence, along with some alternates.
How Long Does A Grand Jury Have To Indict Someone?
The state generally has 180 days from the time of the filing to indict your felony.
Contact Vinas & Graham, PLLC For Representation At Grand Jury Hearings
A grand jury case can be intimidating, but you do have the legal right to be represented by a criminal defense lawyer. Vinas & Graham, PLLC can help you prepare for the grand jury hearing and can advise you outside the grand jury chamber. Contact us today for tailored legal advice for your situation. We also offer a comprehensive guide to the Texas grand jury process, and you can follow us on Facebook for the latest updates about this process and other legal topics.
