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?
Understanding the purpose of an indictment is essential to knowing what is happening in your case and knowing what to expect next. An indictment is a formal written statement that charges you with a crime. In Texas, these are generally felony allegations.
A grand jury issues an indictment after reviewing the evidence presented by the prosecutor. The grand jury determines whether they believe there is probable cause to believe a crime occurred and that you may have committed it. It is important to remember this is not a finding that you are guilty. It just means there is enough evidence available to proceed with the case against you.
Depending on the circumstances, the indictment comes first, and an arrest warrant is then issued. In others, you may already be in custody or out on bond when the grand jury issues the indictment.
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 criminal case against you is moving forward, you still have a right to fight the charges. This includes:
- 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 penalties will be based on the severity of the charge and the recommendations under Texas Penal Code § 12, which outlines possible consequences for both misdemeanor and felony convictions. Whether convicted individuals must serve jail time will depend on their unique circumstances.
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. Our attorney will ensure you understand each step and represent your best interests. These steps could include:
- 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?
If you were arrested before the indictment and posted bond, the indictment doesn’t automatically change your bond status. However, a judge could revisit your bond conditions depending on the nature of the charges and the facts of the case.
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.