In the United States, our court system involves juries that make important decisions in criminal and civil cases. But in serious felony cases, the Texas Code of Criminal Procedure states that “No person shall be held to answer to a felony unless on indictment of a grand jury.” No felony charges may be lodged against a suspect or felony criminal case considered for trial in Texas unless indicted by a grand jury.
What Is The Main Difference Between A Grand Jury And a Trial Jury?
Grand jurors and trial jurors are impartial groups of citizens that have been called for jury duty, but they make very different determinations.
A trial jury is involved in a criminal or civil case that has gone to trial. This jury is tasked with determining whether the defendant is guilty of a criminal offense or liable in a civil action.
Grand juries are involved in more serious criminal offenses such as felonies and decide whether there is sufficient evidence to pursue charges and prosecution. At this point, the guilt or innocence of a suspect is not the primary issue, but whether or not there is probable cause that a crime was committed and if there is enough evidence for a prosecution to go forward.
How Does A Trial Jury Work?
A trial jury is what people are most familiar with. Trial jurors will hear a case against a defendant in criminal or civil court. Prospective jurors are summoned, and both sides will interview these individuals to choose what they hope is an impartial jury during the voir dire examination.
The trial jurors will be given instructions and guidance by the court, will hear testimony, see evidence, and then come to a verdict based on the charges, the law being considered, and the evidence and testimony presented. Each juror’s role is to consider the evidence fairly and impartially and to arrive at a verdict that is legally just.
In a criminal court, the jury must arrive at a verdict unanimously, while in a civil action, it only takes an agreement of five-sixths of the jury to reach a verdict.
How Does A Grand Jury Work?
Jurors in a grand jury are summoned similarly to a trial jury pool. Before a felony case can be tried in Texas, a grand jury will determine whether the prosecution has probable cause to bring charges against the suspect and whether they feel there is enough evidence to prosecute successfully.
No judge presides over a grand jury investigation, and no public is allowed. No defense attorney may be present, and the suspect may not even be there. The prosecution will present evidence and witness testimony to the jury, and the jurors can ask questions of the prosecutors and witnesses. Once all testimony is heard, and evidence viewed, prosecutors and witnesses leave, and the jury deliberates in private.
Unlike a trial jury, a unanimous decision is not required at the grand jury level. Instead, a majority of nine members out of 12 is required to recommend an indictment. Without the nine-member quorum, a No-Bill will be recommended, and the case will typically cease, although the prosecution may decide to present it again in the future.
Does A Suspect Need A Lawyer For A Grand Jury Investigation
While it is the grand jury’s job to objectively consider what it sees and hears, the prosecution runs the show in a grand jury investigation. The prosecutor will draft the charges, advise the jury on the relevance of the evidence, and advise the jurors on the law being considered. They will decide what the grand jury investigates, what witnesses are called, what questions are asked, and which documents to subpoena.
The prosecution usually wants jurors to return with a recommendation for indictment. But one of the best ways to prevail in a felony case is to get a dismissal at the grand jury level. This is when it is critical to have the representation of a skilled criminal defense attorney.
When a suspect is the subject of a grand jury investigation, having skilled legal counsel is critical. While a defense attorney cannot be in the room during a grand jury proceeding, they will prepare the suspect and support and assist them from outside the room.
Experienced Houston Criminal Defense Lawyers
Facing a grand jury is serious, and waiting to get legal counsel can be a grave mistake. At Vinas & Graham, we are former felony chief prosecutors who understand the gravity of facing a grand jury and begin to advise our clients immediately once they become subjects of a criminal investigation. If you are the focus of a grand jury investigation, you will want serious legal guidance. Let us help.
Contact us at (713) 229-9992 or via our online contact form to schedule an appointment to discuss your case. You can also learn more about our criminal defense services on our Facebook page.
