An indictment in Texas is a formal criminal charge written and approved by a grand jury. It acts as an official accusation against a person and allows criminal proceedings to move forward in court. Indictments are most common in felony cases, such as serious theft, drugs, assault, or other major offenses.
It’s important to know that being indicted does not mean a defendant is guilty of a crime. An indictment simply means that a grand jury has reviewed the evidence presented by prosecutors and found enough reason (“probable cause”) for the case to continue in the legal system. You still have the right to defend yourself, challenge the accusations, and demand a fair trial.
Indictment vs. Information: What’s the Difference?
In Texas, an indictment and an information are both types of formal charges, but they apply in different situations and are approved in different ways. An indictment is a written accusation approved by a grand jury, and it is required in most felony cases.
An information is a written charge prepared and signed by a prosecutor, but it doesn’t need a grand jury’s approval. Misdemeanors, such as minor drug possession or simple assault, are often filed “by information,” so the process for less serious crimes can move forward more quickly.
How the Grand Jury Process Works in Texas
The grand jury process in Texas is a unique part of the criminal justice system, used mostly for serious felony cases. Its main function is to decide if there’s sufficient evidence to formally charge someone with a crime.
This process occurs before a case goes to trial and follows a structured sequence of events, which generally includes the following steps:
- The grand jury is selected: A grand jury consists of twelve citizens chosen from the local community. These jurors serve for a set period of time and review multiple cases presented by prosecutors during their term.
- The prosecutor presents the case: The prosecutor controls the grand jury presentation. They introduce police reports, witness statements, and other evidence they believe supports criminal charges. The prosecutor also explains the applicable law and answers questions from the jurors.
- Jurors apply the probable cause standard: The grand jury does not decide guilt or innocence. Its sole task is to determine whether probable cause exists — meaning there is a reasonable basis to believe a crime occurred and that the person under investigation may be responsible.
- The defense does not participate: The person under investigation and their attorney typically do not appear before the grand jury. They generally cannot present evidence, cross-examine witnesses, or argue their side. Proceedings are conducted in secrecy and are largely controlled by the prosecution.
- The grand jury makes its decision: If the grand jury finds probable cause, it issues an indictment, and the case moves forward in the criminal court system. If not, the case may be dismissed or left open for further investigation.
It’s important for anyone under investigation to seek legal advice as early as possible, even if you haven’t yet been indicted.
What Happens After You Are Indicted?
After a grand jury issues an indictment in Texas, your case moves forward into the formal court process. Here’s what this generally looks like:
- Arraignment: At the arraignment, you will appear in court for the first time after being indicted, where a judge will inform you of the formal charges and advise you of your rights. This is often when an initial plea is entered, though timing and procedures vary by court.
- Bail review: If bail hasn’t already been set, the judge will review your situation to determine if you can be released from jail before trial and under what conditions. The court might require a monetary bond, impose conditions on your release, or, in some cases, decide that you should remain in custody because they consider you to be a risk to public safety or they have reason to believe you won’t show up for court.
- Discovery: The discovery process requires both your lawyer and the prosecutor to exchange information and evidence that may be used at trial. During this phase, you and your defense attorney will have the chance to review police reports, witness statements, videos, or any physical evidence the prosecution intends to present, ensuring a fair opportunity to prepare your side.
- Pretrial Motions: Your attorney can file pretrial motions to clarify the legal matters in your case. For instance, they might seek to suppress evidence that was improperly collected, ask for dismissal of weak or unfair charges, or address any rights violations that happened during the investigation.
- Negotiations or Trial Preparation: Prior to trial, it’s common for the defense and prosecution to engage in negotiations, which could lead to a reduced charge, lesser penalties, or sometimes even dismissal through a plea agreement. If this doesn’t resolve the case, both parties will use this time to prepare for trial.
Working with a skilled attorney during this process helps you protect your rights during this difficult time.
Contact a McKinney Criminal Defense Lawyer for Help
If you’ve been indicted or you’re being investigated and worry you might soon be indicted in McKinney, Texas, you should reach out to a lawyer right away for legal help. Call Texas Defense Firm today at (972) 369-0577 to schedule a confidential case evaluation with a McKinney criminal defense lawyer.