The Texas Code of Criminal Procedure states that “no person shall be held to answer for a criminal offense, unless on an indictment of a grand jury….”
While both grand and trial juries are an impartial group of jurors who will help to make important decisions regarding criminal prosecutions, these two types of jury systems determine very different matters.
In criminal proceedings, the grand jury plays a critical part in determining whether to bring felony charges against a defendant. Before a felony case can be tried in Texas, a grand jury must decide whether they feel the prosecution has probable cause to bring charges against the defendant and whether there is enough evidence to prosecute them.
If so, the case will then go to trial, where a trial jury will determine the defendant’s ultimate guilt or innocence.
How Does A Grand Jury Work?
A grand jury works very differently from a criminal trial. The grand jury meets in secret and hears the prosecution’s case and witness testimony. In a grand jury proceeding, there is no judge and no attorneys other than the prosecutor. Although the defense attorney may not be in the grand jury room at the time of the hearing, he or she is allowed to remain nearby to support their client.
The prosecutor will present their case and will call in witnesses, during which members of the jury can ask questions of both the witnesses and the prosecution. After testimony is heard, the grand jury will vote whether they feel there is enough evidence to indict the defendant or not. The jurors will decide if the prosecutor will get a bill, or ability to indict, or a no bill, or a decision not to indict.
Unlike a trial jury, a grand jury does not need to decide on an indictment unanimously. It does require a supermajority of at least nine of the twelve jurors, however.
What Is The Role Of A Defense Attorney During A Grand Jury Proceeding?
If you are the target of a grand jury investigation, having legal counsel is critical. While your defense attorney will not be in the room during the grand jury proceedings, they can provide you with support and assistance from outside the room. A criminal defense attorney can help you prepare for questions and how to present evidence for this important proceeding.
One way to prevail in a criminal case is to get it dismissed at the grand jury level. The grand jury may also decide to reduce charges. A defense attorney may decide that it is in the client’s best interest to submit a grand jury packet. This is a set of witness statements, letters of recommendation, and other supporting information addressed to the grand jury with the express intent of convincing them to come back with a no bill decision. A no bill can then be expunged from your record.
Getting Experienced Legal Representation To Ensure Your Best Outcome In A Grand Jury Case
When you are the subject of a grand jury investigation, it is critical to get experienced advice and legal counsel to ensure your best possible outcome.
The Houston criminal defense lawyers at Vinas & Graham are former prosecutors who intimately understand the grand jury process and what works best for clients who may be dealing with possible criminal charges. Contact us at (713) 229-9992 or schedule a consultation via our online contact form. Learn more about our criminal defense services on our Facebook page.
