What should you know if your criminal case is indicted in the state of Texas?
Indictment in Texas refers to the formal charging document used in felony cases. In the state of Texas, an indictment must be approved by a grand jury. This grand jury typically consists of twelve individuals.
To secure an indictment, the prosecuting attorney must convince at least nine of the twelve grand jurors of his or her argument. The argument being that there is sufficient probable cause to believe the defendant is guilty of the felony in question.
In the Texas criminal system, generally only felonies are indicted. An indictment is the first step that allows the prosecution to formally accuse you of a felony crime.
Grand Jury Review: The grand jury examines the evidence to determine if there is probable cause to believe a crime has occurred.
Deliberation: After reviewing the evidence, the grand jury discusses whether the suspect likely committed the crime.
Indictment Decision: If sufficient evidence is found, the grand jury issues an indictment, which formally charges the suspect with the crime. The term indictment means that your felony criminal case is now moving towards trial. In other words, it has been formally filed in a felony court.
The Indictment Process
This accusation itself comes from a group of regular citizens called a grand jury. When you are arrested for a potential felony, it is the prosecutor’s job to gather evidence proving the crime. They then present the evidence to a grand jury.
The grand jury, in Texas, is a group of regular citizens who carefully analyze the evidence presented by the prosecution.
If 9 out of 12 of the grand jury members agree that there is sufficient evidence, an indictment is issued for Texas felony cases.
Why Have The Indictment Process?
Since a felony is such a serious offense, the indictment process is an extra legal safeguard in place to prevent cases with insufficient evidence from being filed.
So, each case and its supporting evidence is formally reviewed by a prosecutor, who presents it to a grand jury to show them all the objective facts of the case.
If the prosecutor does not share all the objective facts, they can be criminally charged for prosecutorial misconduct.
For these reasons, the indictment process is extremely important. Every case must be carefully executed to limit potential mistakes throughout the indictment process.
Below, the San Antonio criminal defense attorneys at Austin Hagee Law Firm go over what you should know about criminal case indictment.
If you have questions, please contact us online or call 210-934-9768.
What Steps Should I Take if I Am Indicted in Texas?
An indictment is a defining moment in a criminal case. This is because it indicates whether a portion of the public (grand jury) believes that the prosecution’s evidence is enough to present a case against you.
If a grand jury indicts you with a criminal charge, then you need to have a skilled criminal defense attorney to represent you and fight the allegations.
If you find yourself facing an indictment for any criminal charge, relying on an experienced attorney is the best way to defend yourself against the prosecution. Why?
Because only seasoned criminal defense attorneys have first-hand experience navigating the criminal justice system.
Skilled trial attorneys possess specific abilities to win a case. In other words, they can analyze the evidence and form the best defense strategy for every set of facts in a specific case.
Does Indictment Mean Jail Time?
An indictment requires the accused to stand trial for a crime but does not guarantee jail time.
Why Should I Hire a Criminal Defense Attorney For a Criminal Case?
Common legal jargon used in the criminal justice system can be difficult to understand. Which is why criminal charges should never be faced without an attorney or an ill-prepared one.
That is because niche legal terms can often leave you confused and make it difficult to understand how your case is progressing. This is why you want someone that can properly explain the process to you.
Criminal cases are sufficiently overwhelming on their own. So, you should never be left confused or without fully understanding the legal impacts of your case.
Get in Contact With an Experienced San Antonio Criminal Defense Lawyer Today
The legal team at the Austin Hagee Law Firm specializes in helping clients navigate smoothly through the criminal justice system.
Austin Hagee is a criminal defense firm that takes pride in guiding clients through every step of the legal process.
If you or a loved one find yourselves facing a criminal charge or a possible indictment in San Antonio or the South Texas area, contact Austin Hagee Law Firm for a free case evaluation.
They have the knowledge, experience, and expertise to help you build your best defense.
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
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