Does Being Indicted Mean Jail Time?

If you are indicted in Texas, it does not necessarily mean that you will go to jail. It is an important step in the criminal justice process, but it does not mean you will certainly face a conviction. Everyone in Texas who is found not guilty of a felony has been indicted.

Our Houston criminal defense lawyer understands it is important to you to avoid jail time. We know how this can affect your life financially and socially. Our attorney can help you develop a strong case strategy to clear your name and keep you out of jail. Contact us today to learn more.

What Is an Indictment?

An indictment is a formal written accusation charging you with a crime. In Texas it is how felony cases get charged, and it comes from a grand jury rather than from a prosecutor alone. If you want the term itself unpacked, see what it means to be indicted.

A grand jury reviews the evidence the prosecutor presents and decides whether there is probable cause to believe a crime occurred and that you may have committed it. It is not a finding of guilt. It means the case goes forward.

Sometimes the indictment comes first and a warrant follows it. Other times you were arrested months ago and are already out on bond by the time the grand jury takes the case up.

A Harris County grand jury is twelve people, and it takes nine of them to return an indictment under Code of Criminal Procedure Art. 20A.301. Not twelve, and not unanimous.

Who is in the room matters more than most people realize. Art. 20A.102 lists everyone allowed in while the grand jury works: the grand jurors, a bailiff, the prosecutor, a witness while that witness is being questioned, an interpreter, and a court reporter. Your lawyer is not on that list. Neither are you, unless you are called. While the grand jury deliberates, only grand jurors may be present, and the proceedings are secret by statute under Art. 20A.202.

So an indictment is a one-sided proceeding by design. The State presents what it chooses to present, nobody cross-examines it, and nine people out of twelve decide there is enough to go forward. That is why an indictment tells you very little about whether the State can actually prove the case.

The grand jury can also decline, which is a no-bill. No charge gets filed. The arrest still sits on your record until a court clears it, but because no indictment was ever presented, that arrest is expungeable under Art. 55A.052 once the waiting period for that grade of offense runs, and sooner if the prosecutor certifies the records are not needed.

What Are My Rights After an Indictment?

An indictment does not mean you are guilty of the crime. One of your rights is the presumption of innocence until you are proven guilty in a court of law. While the case moves forward you keep the rights that matter at trial, which are not the rights you had at the grand jury. These include: 

• Hiring legal representation
• Getting a fair trial, if necessary
• Cross-examination of witnesses
• Confrontation of your accusers

Keep in mind that many people who are indicted never face a conviction or penalties. Some cases result in dismissal. Others end in negotiated deals that do not result in significant jail time. Even when cases go to trial, many people are acquitted of the charges they face.

If there is a conviction, the punishment range comes from Penal Code Chapter 12, which sets the range for every grade of misdemeanor and felony. A range is not a sentence. Probation, deferred adjudication and time served all sit inside most of those ranges, and which one you land on has a lot to do with what gets done in the months before sentencing.

What Happens After an Indictment in Texas?

Once there is an indictment in a case, the case could move on to criminal court for further proceedings. The steps, in order: 

• Arraignment: The arraignment is the formal reading of charges. At the arraignment, you will enter a plea as advised by your attorney.
• Pretrial Motions: Your attorney may challenge evidence, seek to suppress evidence, or file other motions with the court. 
• Plea Negotiations: You may be offered a plea deal in exchange for a lighter sentence. This is a common way prosecutors attempt to resolve criminal cases.
• Trial: If the case is not dismissed or resolved by plea earlier, it proceeds to trial.

Will I Go to Jail After an Indictment?

Going to jail is not automatic after an indictment, but there are some circumstances when it could lead to jail time. This could include: 

• You are arrested after the indictment and cannot post bail.
• You plead guilty and receive a jail sentence.
• You are convicted at trial and sentenced to time behind bars.

However, your criminal defense lawyer will work to keep you out of jail by challenging the charges, seeking dismissal, negotiating probation, or fighting for acquittal at trial. The legal strategy used in your case will depend on the unique case facts, but it should prioritize your goals. 

Will I Be Arrested After an Indictment?

If the grand jury indicts you but you are not already in custody or out on bond, they may issue a warrant for your arrest. Your attorney can set up a time to turn yourself in so you spend as little time as possible navigating this process. Once arrested, you will likely face a bail hearing where the court determines how much you must pay to be released while your case is pending. 

Most people have the option of posting bail to be released. This could take the form of: 

• Cash bond
• Surety bond through a bail bondsman
• Personal recognizance bond 

Your lawyer will advocate for your release and argue for reasonable bail conditions. Sometimes, they will also help your family determine the best option for posting the necessary bond. 

What If You Are Already Out on Bail?

Your bond usually follows you. Under Code of Criminal Procedure Art. 17.09, Section 1, a bond you already gave is binding for your appearance before the court named in it and before any other court the case is transferred to, and for any and all subsequent proceedings on that charge. Section 2 says it plainly: once you have given bail in a criminal action, you are not required to give another bond in that same action.

That matters because an indictment moves a felony case from the county court to a district court. The transfer by itself does not cost you your bond or your freedom, and you do not have to post again just because a new court number showed up.

Section 3 is the exception, and it is where the risk lives. If the judge finds the bond is defective, excessive or insufficient in amount, the sureties are not acceptable, or there is any other good and sufficient cause, the judge can order you rearrested and set a new bond in whatever amount the judge thinks proper. In practice that means an indictment charging more than the original arrest, a new arrest while you are out, or a bond condition you violated can all put you back in front of a magistrate.

What to do about it is simple and time-sensitive. Call your lawyer the day you hear about the indictment, before the setting rather than after. A bond argument made in advance goes better than one made from the holdover.

How Long Do They Have to Indict You in Texas?

There is a deadline, and hardly anybody knows about it.

Under Code of Criminal Procedure Art. 32.01, if you have been held in custody or released on bail to answer a charge and no indictment or information has been presented by the last day of the next term of court after your commitment or release on bail, or by the 180th day after that date, whichever is later, the prosecution shall be dismissed and the bail discharged. A court can order otherwise only for good cause shown, supported by affidavit.

Two honest caveats, because this one gets oversold.

First, the deadline runs on the later of two dates and district court terms vary by county, so 180 days is a floor rather than the answer. Second, an Art. 32.01 dismissal does not end the matter. Art. 28.061 bars re-prosecution after a speedy trial discharge, not after a 32.01 dismissal, so the State can take the case back to a grand jury as long as the limitations period has not run. What the dismissal buys you is your bail back, the case off the docket, and an arrest with no indictment ever presented on it, which is the cleanest posture there is for an expunction.

If you are sitting in jail rather than out on bond, the clock that helps sooner is Art. 17.151. The State has 90 days from the start of your detention on a felony to be ready for trial, and if it is not, you must be released on a personal bond or on reduced bail. Thirty days for a misdemeanor punishable by more than 180 days, fifteen for a lesser one.

How a Criminal Defense Lawyer on Our Team Can Help With Your Case

If you face an indictment, you want a strong criminal defense attorney from our firm on your side. We will take the steps necessary to develop a legal strategy focused on clearing your name or minimizing the penalties you face. 

This could include: 

• Analyzing the evidence presented to the grand jury
• Determining if your rights were violated
• Working to suppress illegally obtained evidence
• Fighting for dismissal 
• Negotiating reduced charges
• Representing you in court 
• Advocating for release on bond or other alternatives to jail

Talk to Our Texas Criminal Defense Team Today

If you or a loved one faces an indictment, do not wait to get legal representation from our firm. Our Texas criminal defense lawyer will protect your rights, explain your options, and fight for the best possible outcome in your case. At Blass Law, we provide confidential consultations. 

Attorney Jay Blass Cohen focuses his practice on criminal defense and DWI defense. To learn more about how we may be able to help you fight the indictment and clear your name, call us today.

An indictment is an accusation, not a conviction. A Houston criminal defense lawyer makes sure it stays that way.