What is the Role of a Grand Jury in TX?

A grand jury is basically a prosecutor’s focus group.

In many respects, the grand jury’s only role in Texas is to be the prosecutor’s red stamp. Technically, grand juries can no-bill (refuse to indict) criminal defendants. However, mostly because of the one-sided nature of this process, the grand jury indictment rate in Texas is over 99.9%. Unfortunately, grand juries in Texas no longer perform their initial function, which is to be a buffer zone between the state and the people.

Fortunately, the grand jury stage is just the first stop in the criminal court process. A Fort Worth criminal defense lawyer has almost no chance to “win” a grand jury hearing. But plenty of opportunities exist down the road to successfully resolve a case. So, if the grand jury indicts you, do not get down. This indictment was pretty much inevitable since it gives your lawyer a better chance to prepare an effective defense.

The Grand Jury Process

Basically, the grand jury process in Texas is about as one-sided as they come. A prosecutor presents the state’s case to the grand jury. Usually, the prosecutor calls a one-sided witness, such as the arresting officer, to the stand.

All manner of hearsay and conjecture evidence is admissible in these proceedings because no Fort Worth criminal defense lawyer is there to object. And, as one of our law school professors pointed out, everything is admissible if no one objects.

Because of this wide latitude, even an average prosecutor can easily establish probable cause, the standard of evidence in grand jury proceedings. In simple terms, probable cause means “s/he’s probably guilty, but we need to hear both sides of the story to be sure.” Most people assume that when law enforcement officers arrest people, those people probably did something wrong.

Sometimes, the grand jury process is more drawn out. The grand jury is an investigating body. It has the power to subpoena and review documents and other such evidence. However, only the prosecutor can spin this evidence.

The Criminal Court Process

Things are very different once a Fort Worth criminal defense lawyer actively gets involved in the case, starting with pretrial hearings.

We mentioned hearsay, conjecture, and other such evidence above. Usually, during a pretrial hearing, a judge rules on the admissibility of this evidence. If it’s inadmissible, and it usually is, the prosecutor cannot use it at trial or even refer to it.

A successful pretrial hearing basically removes the main gun from a tank. The armored vehicle is still very dangerous, but it is not nearly as dangerous without that main gun.

So, an attorney starts pretrial negotiations from a position of strength. When prosecutors know they cannot use their best weapon (the main gun), they usually back away from a fight.

Successful plea bargains usually include reduced charges and/or reduced sentences. A felony to misdemeanor reduction is, in many ways, as good as a not-guilty verdict at trial. Misdemeanors do not have the same direct or collateral consequences as felonies. A sentence reduction is a win as well. Many people can complete a few months of supervised probation, but they cannot make it through a few years of court supervision.

Reach Out to a Diligent Tarrant County Attorney

One-sided grand jury verdicts don’t determine the outcome of a case. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker. Virtual, after-hours, home, and jail visits are available.