What is a Grand Jury and How Does it Work in Texas?

A grand jury in Texas is a group of 12 citizens who decide whether there is enough evidence to formally charge someone with a felony. If at least nine grand jurors vote that probable cause exists, they return a “True Bill” and the case proceeds. If they do not find sufficient evidence, the result is a “No Bill,” and the prosecution typically ends. This process is a safeguard that prevents the government from pursuing unfounded criminal accusations.

Please watch this video by Board Certified Criminal Defense Attorney Benson Varghese for more information on how the grand jury process works.

How Does a Grand Jury Work in Texas?

According to Article 19.40 of the Texas Code of Criminal Procedure, a quorum of nine jurors must be present to carry out the grand jury’s function. Each grand juror votes individually after reviewing the facts and circumstances of an allegation. If at least nine grand jurors determine that probable cause exists, they return a “True Bill” to indict the case. Failure to get nine votes results 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. This can be life-changing for someone who was wrongfully accused or whose case lacked sufficient evidence.

Grand jury 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 are secret, just like regular jury deliberations. Witnesses and prosecutors leave the room during deliberations. Breaking this secrecy is a crime punishable by a $500 fine and 30 days in jail.

The process is not adversarial. The defendant is not present, and the defense attorney does not have a right to be in the room. However, in some cases, an experienced defense attorney can make a presentation to the grand jury. If you or someone you know is under investigation or charged with a felony, it is critically important to talk to a felony defense attorney who has experience making grand jury presentations. A strong defense presentation can mean the difference between a “True Bill” and a “No Bill.”

What is a No-Bill?

When a grand jury does not return an indictment because there were not sufficient votes to indict, the outcome is known as a “No-Bill.” A No-Bill generally stops the criminal prosecution, but it does not mean the prosecutor cannot re-present the case to a future grand jury. Learn more about re-presentments.

A No-Bill is one of the best possible outcomes for someone facing felony accusations. It means the grand jury reviewed the evidence and determined there was not enough to move forward. For many people, this is an opportunity to move on with their lives and pursue an expunction to clear their record.

Who Makes Up a Grand Jury?

Grand jury members are everyday citizens. These grand jurors should represent the demographics of the county. Factors taken into consideration include race, sex, and age. In Texas, the grand 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 people against unwarranted prosecution.

How Many Grand Juries Meet in Tarrant County?

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. If you are under investigation in Tarrant County, a Fort Worth criminal defense attorney can help you understand the timeline and prepare a strong defense before your case reaches the grand jury.

What are the Qualifications to Be a Grand Juror?

According to Code of Criminal Procedure 19.08, a grand juror must meet the following qualifications:

1. Be a citizen of Texas and the county they are serving in
2. Be qualified to vote
3. Be of sound mind and good moral character
4. Be able to read and write
5. Not have been convicted of misdemeanor theft or a felony
6. Not be under indictment or legal accusation for misdemeanor theft or a felony
7. Not be related to another member of the grand jury
8. Not have served as a grand juror in the preceding year
9. Not be a victim in any matter to be heard by that grand jury during that particular term

Additionally, the grand jury should represent a broad cross-section of the county’s population, considering factors of race, sex, and age.

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 grand 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.

Are you facing a felony investigation? Talk to a lawyer before you speak to police. Call (817) 203-2220 for a free consultation.

How are Grand Jury Members 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. See Chapter 19 of the Code of Criminal Procedure.

Article 19.01. Selection and Summons of Prospective Grand Jurors

The district judge shall direct that 20 to 125 prospective grand jurors be selected and summoned, with return on summons, in the same manner as for the selection and summons of panels for the trial of civil cases in the district courts. The judge shall try the qualifications for and excuses from service as a grand juror and impanel the completed grand jury as provided by this chapter.

How Long Do Grand Jurors Serve?

Grand jurors are called to serve for a few months at a time, but they do not work full-time. Most grand juries are only called to court a few days out of every month.

What is the History Behind the Grand Jury?

Similar to much of our legal history, the idea of having a grand jury traveled across the ocean from England. The concept was incorporated into the Fifth Amendment to the United States Constitution. Later, Texas incorporated the grand jury requirement into its own constitution. The Constitution of 1876 requires a grand jury indictment for prosecution of a felony. Unlike felony cases, misdemeanor offenses do not have to go through the grand jury process.

What Can the Grand Jury Investigate?

The grand jury can investigate any matter initiated by the court, any matter initiated by the district attorney, any matter initiated by its own members, and any matter initiated by any credible person. This broad authority allows grand juries to investigate a wide range of potential criminal activity.

How is Information Presented to a Grand Jury?

Most of the time, a prosecutor addresses grand jurors by reciting the relevant facts of the case so they can decide whether there is probable cause to indict the defendant. Additionally, evidence can be presented through documents and witness testimony. The accused may also be called to testify. Witnesses can be questioned by the prosecutor and grand jurors when called upon.

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 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 it 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 grand jury room while the jury is conducting proceedings:

1. Grand jurors
2. Bailiffs
3. The attorney representing the state
4. 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
5. Interpreters, if necessary
6. 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:

1. A person older than 70 years
2. A person responsible for the care of a child younger than 18 years
3. A student of a public or private secondary school
4. A person enrolled and in actual attendance at an institution of higher education
5. Any other person that the court determines has a reasonable excuse from service

Can You Contest a Grand Jury’s Finding of Probable Cause?

In short, no. If you are indicted for a criminal offense in Texas, you are not constitutionally entitled to fight a grand jury’s finding of probable cause. For example, in Kaley v. United States, the defendant challenged the legality of a pre-trial restraining 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 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 avoid an indictment. This could include a defense investigation, gathering mitigating and exculpatory evidence, and preparing a persuasive presentation to the grand jury.

Case Example: No Bill in Tarrant County

In a recent Tarrant County case (Case No. 1864599), our attorneys at Varghese Summersett achieved a No Bill for a client facing serious felony accusations. Attorney Tiffany Burks conducted a thorough investigation before the case reached the grand jury, gathering evidence that cast doubt on the prosecution’s theory. She prepared a comprehensive defense presentation that highlighted weaknesses in the evidence. The result: the grand jury declined to indict, and the client avoided felony charges entirely.

Disclaimer: Past results do not guarantee future outcomes. Each case is unique.

The law firm of Varghese Summersett has impressive results obtaining No Bills on behalf of our clients. Our senior attorneys are former prosecutors who use their experience, as well as our own investigators, experts, and forensic accountants, to obtain exceptional results at the grand jury level.

Frequently Asked Questions About Texas Grand Juries

What is the difference between a grand jury and a trial jury?

A grand jury decides whether there is enough evidence to formally charge someone with a crime (indictment). A trial jury decides whether the defendant is guilty or not guilty after hearing all the evidence at trial. Grand juries have 12 members and require 9 votes to indict. Trial juries typically have 12 members and require a unanimous verdict for conviction.

How long does the grand jury process take?

The timeline varies depending on the complexity of the case and the grand jury’s schedule. In Tarrant County, grand juries meet three days per week. Some cases are presented quickly, while others may take weeks or months if additional investigation is needed.

Can I testify before the grand jury in my own defense?

You can be invited or subpoenaed to testify, but you do not have an automatic right to present your defense. However, an experienced criminal defense attorney may be able to arrange a defense presentation to the grand jury on your behalf. This is one of the most effective ways to prevent an indictment.

What happens after a No Bill?

After a No Bill, the case typically ends and you may be eligible for an expunction of your arrest records. However, the prosecutor can re-present the case to a future grand jury if new evidence emerges. An expunction permanently erases all records of the arrest and is available to those who receive a No Bill.

Do I need an attorney if I’m under investigation but haven’t been arrested?

Yes. The pre-indictment stage is one of the most important times to have an attorney. A skilled lawyer can investigate your case, gather favorable evidence, and potentially present a defense to the grand jury before any charges are filed. This proactive approach can prevent an indictment altogether.

If you are facing a felony investigation, don’t wait. Contact the attorneys at Varghese Summersett immediately at (817) 203-2220 or online for a free consultation.