Fort Worth Grand Jury Attorneys
Texas Grand Jury Laws
Called “grand” because they traditionally had 23 members, compared
to a “petit jury” which consisted of 12 members, grand juries
do not determine a person’s guilt but instead determine whether
probable cause exists to charge a person with a felony.
The United States Constitution requires presentment or indictment for any
felony charges. Specifically, the Fifth Amendment says: “No person
shall be held to answer for a capital, or otherwise infamous crime, unless
on a presentment or indictment of a grand jury….”
Call our Fort Worth grand jury attorneys at
(817) 497-8889 today.
What is the Grand Jury Process in Texas?
The grand jury process in Texas is governed by Chapters 19 and 20 of the
Code of Criminal Procedure. In Texas, a grand jury consists of 12 members
plus a few alternates. The votes of nine of the 12 members are required
for an indictment. A grand jury only determines whether probable cause
exists to charge a person with a crime, a far lower standard than the
“beyond a reasonable doubt” standard required for a criminal
conviction. When a grand jury makes an indictment, the foreperson signs
the charging document as a “true bill.” On the other hand,
where a grand jury declines to indict a person, the document is noted
as a “no bill.”
Grand jury proceedings are secret, and defense attorneys are not allowed
in the jury room (although they may wait outside in the hallway to confer
with their client if the defendant testifies at the grand jury). In recent
years, Tarrant County and other Texas counties have become more open to
allowing defense attorneys to present evidence at grand juries. Typically,
this will include affidavits, witness statements, photographs, or other
evidence that may help the grand jury see that indictment is not warranted.
However, because the level of proof required to make an indictment is so
low (probable cause), it is sometimes not a good idea for a defendant
to present his best evidence to a grand jury in hopes of preventing indictment.
A defendant may only succeed in informing the state of weaknesses in the
case against the defendant but still be indicted, whereas the same evidence
or argument at trial might convince a jury that the defendant is not guilty
beyond a reasonable doubt. But in appropriate cases, avoiding indictment
is possible and it is important to make sure the grand jury sees evidence
that counters the state’s allegations.
Blake & Blake, LLP Felony Legal Counsel
Fort Worth grand jury attorneys have helped people accused of serious felonies avoid indictment by presenting
relevant evidence to the grand jury. If you have been accused of a felony
in Tarrant County, contact us to see if we can help you before you are indicted.
(817) 497-8889 now.