What is a Grand Jury and How Does it Work in Texas and Tarrant County?
In Texas and Tarrant County, a grand jury is made up of 12 people who determine whether or not there is probable cause to believe that a felony offense occurred. It only inquires into felony offenses and a limited number of misdemeanor offenses. Don’t worry about sounding professional. Sound like you. There are over 1.5 billion websites out there, but your story is what’s going to separate this one from the rest. If you read the words back and don’t hear your own voice in your head, that’s a good sign you still have more work to do.
How Does a Grand Jury Work?
According to Article 19.40 of the Code of Criminal Procedure, a quorum of nine jurors must be present to carry out the function of the grand jury. Each grand juror votes individually after reviewing facts and circumstances of an allegation. If at least nine grand jurors determine that there is probable cause that an offense occurred, it returns a “True Bill” to indict the case. Failure to get nine votes will result in a “No Bill,” and the prosecution will not pursue criminal charges. If a case is No-Billed, the accused is generally eligible for an expunction of all records relating to the arrest and investigation after some time.
Proceedings are secret and take place behind closed doors. Prosecutors present evidence by reciting facts or providing witness testimony or exhibits. The prosecutor may choose to recommend a True Bill, a No Bill, or make no recommendation at all. The deliberations of a grand jury are secret. Witnesses and prosecutors leave the grand jury room during deliberations. Breaking this secrecy is a crime punishable by a $500 fine and 30 days in jail.
The process is not an adversarial process. The defendant is not present, and the defense attorney does not have a right to be in the room. However, there are some cases in which an experienced Fort Worth criminal defense attorney is able to make a presentation to the jury. If you or someone you know is under investigation or charged with a felony, it is critically important that you talk to a Tarrant County/Fort Worth defense attorney who is not only familiar with the process, but also has experience making presentations.
What is a No-Bill?
When a grand jury does not return an indictment because there were not sufficient votes to indict the case, the outcome is known as a “No Bill.” A No-Bill is generally the cessation of the criminal prosecution, but it does not mean that a prosecutor cannot re-present the case.
Who Makes Up a Grand Jury?
Members of the jury are everyday citizens of the community – i.e., Tarrant County. These grand jurors should represent the demographics of the county. Some factors taken into consideration are race, sex, and age. In Texas, the jury is comprised of 12 individuals who elect a foreman of the group. This process makes members of the local community responsible for the advancement of justice, including safeguarding offenders against unwarranted prosecution.
Tarrant County Grand Juries
There are two grand juries that meet in Tarrant County. Each grand jury meets for a quarter or three months. “Grand Jury A and “Grand Jury B” each meet for three days each week.
What are the Qualifications to be a Grand Juror?
According to Code of Criminal Procedure 19.08, a grand juror must have the following qualifications:
A citizen of Texas and the county (i.e., Tarrant County) they are serving in;
Must be qualified to vote;
Must be of sound mind and good moral character;
Must be able to read and write;
The person must not have been convicted of misdemeanor theft or a felony;
Must not be under indictment or other legal accusation for misdemeanor theft or a felony;
Must not be related to another member of the grand jury;
Must not have served as a grand juror in the preceding year;
Must not be a victim in any matter to be heard by that grand jury during that particular term.
Additionally, to the extent possible, the jury should represent a broad cross-section of the population of the county, considering the factors of race, sex, and age.
Grand Jury Room
How Secretive are Grand Jury Proceedings?
Grand Jury Proceedings are secret enough to cost anyone who violates the secrecy $500 and 30 days in jail. Witnesses called to testify before the jury must keep proceedings secret as spelled out in the Code of Criminal Procedure (Art. 20.16). If secrecy is violated, the witness may be found in contempt and fined $500 and imprisoned for up to six months. Although all parts of the proceeding are secret, deliberations are the most secret. Only grand jurors are allowed in the room when deliberations take place.
How are Members of the Grand Jury selected?
As of September 1, 2015, grand jurors are selected the same way trial juries are summoned: potential jurors are summoned and empaneled to obtain a better cross-section of the community.
How Long Do Grand Jurors Serve?
Grand Jurors are called to serve for a few months at a time, but do not work full-time. Most grand juries are only called to court a few days out of every month.
What Powers Does the Grand Jury Have?
Investigate – Through use of subpoena, the grand jury may summon witnesses. This allows grand jurors to examine witnesses under oath.
Vote – Through use of vote, the grand jury may decide whether to pursue an indictment and present it to the Court. In Texas, nine votes are required for indictment. Not all 12 members of the grand jury need be present during voting. Nine members constitute a quorum. (Article 19.40)
True Bill (Indict) or No Bill – The most important power that the grand jury has is to listen to the facts of each case and conclude if probable cause exists. If the grand jury votes in favor of indictment, a “True Bill” is given on the case. If nine votes are not cast in favor of a True Bill, the case is No-Billed. If the case is True Billed, the grand jury forwards the case along to a prosecutor who will continue to work on the development or resolution of the case.
Who Can Sit in on a Grand Jury Proceeding?
Article 20.011 lists those who may be present in a jury room while the jury is conducting proceedings:
grand jurors;
bailiffs;
the attorney representing the state;
witnesses while being examined or when necessary to assist the attorney representing the state in examining other witnesses or presenting evidence to the grand jury;
interpreters, if necessary; and
a stenographer or person operating an electronic recording device, as provided by Article 20.012.
Who Does Not Have to Serve on a Grand Jury?
Article 19.25 of the Code of Criminal Procedure lists acceptable excuses not to serve, including:
a person older than 70 years;
a person responsible for the care of a child younger than 18 years;
a student of a public or private secondary school;
a person enrolled and in actual attendance at an institution of higher education; and
any other person that the court determines has a reasonable excuse from service.
Are You Allowed to Contest a Grand Jury’s Finding of Probable Cause Against You?
In short, no. If you are indicted for a criminal offense in Tarrant County or Texas, you are not constitutionally entitled to fight a grand jury’s finding of probable cause that you committed a criminal offense. For example, in Kaley v. United States, the defendant was challenging the legality of a pre-trial retaining order to freeze his assets by fighting the grand jury’s finding of probable cause. The Supreme Court of the United States determined the defendant was not constitutionally entitled to fight such a finding.
Can an Experienced Defense Attorney Prevent an Indictment?
Possibly. If you have been arrested or are under investigation for a felony offense in Fort Worth, Tarrant County, or Texas, it is extremely important to contact an experienced criminal defense attorney immediately. A skilled attorney can take steps to build a strong defense at the grand jury level in an effort to try and avoid an indictment. This could include a defense investigation, gathering mitigating and exculpatory evidence, and preparing a persuasive presentation to the grand jury.
The Balderrama Law Group has impressive results in obtaining No Bills for our clients.
If you are facing a felony indictment, contact a Fort Worth criminal defense attorney at The Balderrama Law Group immediately at (682) 559- 1999 or emailing us at javier@lawfjb.com.
