Being indicted is the official beginning of a criminal case in Texas. It means the grand jury found probable cause to formally accuse you of a crime. However, this is not a determination of guilt.
An indictment is a key step in the criminal justice process, especially in felony cases. If you face indictment or need more information about what it means to be indicted in Texas, a Houston criminal defense lawyer from our firm is your best resource.
Understanding What an Indictment Is
When someone faces an indictment, it is a formal accusation of a crime. It means they officially face criminal charges. While the grand jury must have probable cause to charge someone with a crime, an indictment is not a guilty verdict.
Indictments are the start of a criminal case against the accused. Under Texas law, anyone facing felony charges must be indicted by the grand jury unless they waive the right.
Misdemeanors do not require an indictment. Instead, prosecutors have other ways of officially filing formal complaints to begin a criminal case.
The Role of the Grand Jury in Indictments
A grand jury is a group of community members chosen to hear cases and determine if there is probable cause for an indictment. Texas law outlines the responsibilities of grand juries. They hear evidence from prosecutors to determine whether they believe the accused party committed a crime.
Their sole focus is on whether sufficient evidence exists to justify moving forward with a criminal case. When most of the grand jury agrees, they issue a true bill. This results in an indictment.
Sometimes, they issue a no-bill instead. This means they do not believe probable cause exists, and the charges will not continue.
Navigating the Indictment Process in Texas
While an indictment officially begins a criminal case in Texas, many steps occur before a case goes before a grand jury and while the grand jury has the case. This usually includes:
- Arrest or Citation: Criminal cases often begin with a traffic stop, arrest, or other interaction with law enforcement. However, this is not always true in every case.
- Investigation and Referral: Police agencies investigate alleged criminal acts and gather evidence to support a case. Once they have enough evidence, they can refer the case to the local district attorney’s office.
- Grand Jury Presentation: The case goes to the grand jury. The prosecutor presents the evidence to the grand jury. Juries typically consist of 12 jurors, and nine must agree for an indictment to occur under Texas law.
- Deliberation and Decision: After reviewing the evidence, the grand jury deliberates privately. They issue a true bill or no-bill, depending on their decision.
- Issuance of the Indictment: Once the indictment is issued, the accused party is formally charged. The case then proceeds to arraignment.
What Are My Rights During the Indictment Process?
Defendants have rights that prosecutors and the court must uphold during this process. This includes:
The Right to Counsel
While defendants typically do not participate in Texas grand jury proceedings, they have a right to have a criminal defense attorney on their side throughout this process. A lawyer from our firm will make it easier to understand what is happening and the potential implications of an indictment.
The Right to Challenge the Indictment
After being indicted, a defendant can challenge an indictment under certain circumstances. This is possible if the paperwork does not meet the necessary criteria under the law or if procedural errors occurred.
What Should I Know if I Am Indicted for a Criminal Act in Texas?
Being indicted is serious, but there are still many steps to go before the case goes to trial or there is the possibility of a conviction. It does not mean you will definitely face a conviction. However, some possible implications of an indictment include:
- Formal Charges: An indictment means you are facing formal charges. You will need to appear in court to answer to those charges. If you do not have a lawyer, it is time to call us.
- Bail and Pretrial Conditions: If you have not already been arrested and posted bail, you may need to do so. Your attorney can help you understand any other necessary pretrial conditions.
- Reputation and Employment: When you face charges, it could cause issues with your personal and professional life.
- Case Progression: After an indictment, the case will proceed through the criminal justice process. This could include arraignment, pretrial motions, and potentially a trial. Your attorney will represent you through this process and fight for your best interests.
Strategies for Defendants Facing Indictment
If you face an indictment, take immediate steps to protect your rights and prepare your criminal defense. This will give you the best chance to clear your name.
- Hire a Criminal Defense Attorney from Our Firm: Our criminal defense team will analyze the indictment, challenge its validity if possible, and develop a strong defense strategy.
- Understand the Charges: Review the indictment carefully with your attorney and ask any questions you have about the charges and potential penalties.
- Gather Evidence: Work with your attorney to identify and preserve evidence to support your defense.
- File Pretrial Motions: Your attorney may file motions to suppress evidence, dismiss charges, or make other requests.
- Prepare for Trial: If your case goes to trial, your attorney will ensure you are fully prepared. We will represent you and challenge the prosecution’s evidence.
Discuss Your Indictment With a Criminal Defense Lawyer from Blass Law
If you or a loved one faces an indictment in Texas, contact us at Blass Law as soon as possible. Lawyer Jay Blass Cohen handles a wide range of criminal defense, DWI defense, and other related cases. We provide confidential consultations and can help you fight for justice. Contact us today to learn more.