Upon presentation of the Texas County or State prosecutor’s case to the Grand Jury, the Grand Jury must decide whether to indict the defendant or issue a “No Bill.”
Grand Jury Indictment vs. “No Bill”
If the Grand Jury panel finds probable cause that an indictable offense has been committed by the defendant, the 12 jurors will concur to issue an indictment. However, if after evidence is presented by the prosecutor, the Grand Jury finds that there isn’t sufficient evidence of guilt, then the jurors will return a “No Bill.” Issuance of a “No Bill” means that the case will not proceed to trial unless the prosecutor brings additional evidence in front of another grand jury that does find sufficient evidence for indictment. Most of the time, the case is dropped.
Grand Jury Return of an Indictment
After a Texas Grand Jury votes to indict, the formal charging document — the indictment — is prepared by the prosecutor. An indictment sets forth the formal accusation against the defendant and states the felony crime and charges the individual while stating the degree of felony offense.
Issuance of a No Bill by Grand Jury
If the Grand Jury finds that there is insufficient evidence to indict an accused party, then it will return a “no bill.” This results in the dismissal of the felony charge filed against the defendant. Sometimes having a defense attorney that has a reputation of building strong defenses as well as having fewer cases than the prosecution will help the prosecution to drop the case by issuing a “no bill.” If you’re only defense is a public defender however, the prosecution might put more effort into building their case against the defendant.
By preparing a strong defense for a Grand Jury, you may not ever have to go to trial. That’s one of the main reasons we would never tell you to rely on a public defender to build your defense. If you’re being offered a public defender, always require that your defense attorney’s Cody Cofer or James Luster be present prior to speaking with anyone.
Why We Recommend Retaining a Criminal Defense Attorney
It’s critical for your case that you retain an experienced criminal defense attorney as soon as possible so that there’s time to find any exculpatory evidence that may be gathered that may lead to your exoneration. While prosecutors have a duty to disclose exculpatory evidence, only experienced defense attorney’s will work hard to find exculpatory evidence on your behalf. That’s why we recommend giving our defense attorney’s at Cofer Luster Law Firm, P.C. a call as soon as you are notified of an investigation or that you’re being charged with a crime.