In Texas criminal proceedings, the grand jury plays an essential role in determining whether to charge a defendant with a felony. During a grand jury proceeding, which is held in secret, there is no judge and no attorneys except the prosecutor, who presents their case and calls witnesses. Once the grand jury has heard the testimony, they will vote on whether to indict the defendant. A jury will decide if the prosecutor receives a bill (the ability to indict), or a no bill, which is a decision not to indict.
During the proceedings, the defendant and their attorney may be allowed to present what is called a grand jury packet. This packet, which usually includes a legal brief, witness statements, letters of recommendation, and other exhibits or evidence for the grand jury to consider, is intended to persuade the jurors to come back with a no bill decision, which can be expunged from your record.
Case Example
One of our clients was under investigation for indecency with a child. The charges arose from an incident that allegedly occurred several years ago. If found guilty at trial, our client’s life could have been changed forever by a prison sentence and years of registration as a sex offender.
We guided the client through the process, thoroughly investigated the allegations, and prepared a case strategy that included a grand jury packet. After considering the evidence we provided, the grand jury did not indict the case and our client was able to resume his life without his freedom or reputation being affected.
Experienced Legal Counsel Can Make a Difference in Your Case
Legal counsel is essential if you are under investigation by a grand jury, as your defense attorney can put together a packet that makes a difference in the outcome of your case. While your attorney won’t be in the room during the grand jury proceedings, they can still provide assistance and support. A criminal defense attorney can also help you prepare for juror questions and present evidence, which is why you should obtain counsel as soon as you are arrested or believe you are about to be.
This case is a prime example of how collecting strong evidence can make a huge difference in the outcome of a charge, even one that makes it to the grand jury. If we had not been so diligent in examining the evidence and creating a strategic defense, our client could have lost everything.
Even for an inflammatory charge like indecency with a child, due diligence and careful presentation of exculpatory evidence in a grand jury packet can result in a ‘no bill’ vote. For this reason, you want to work with a criminal defense attorney who knows how to turn this evidence into a compelling defense strategy. If you’ve been charged, don’t delay- contact our team at The Law Office of Kevin B. Ross today at (214) 731-3151 or email us at contact@rosscrimlaw.com.
Law Office of Kevin B. Ross, P.C.
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