Grand juries in American jurisprudence have their roots in the Fifth Amendment to the United States Constitution, which states that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.” The purpose of a grand jury is to determine whether probable cause exists to charge a particular person with a particular crime. Not all crimes – or even all felonies – require an indictment from a grand jury, but the most serious crimes, such as murder charges, must go through a grand jury to determine whether probable cause exists to charge a person with that crime. The fact that grand juries generally deal only with the most serious crimes should be enough to give a person reason for concern if they are under investigation by a grand jury.
The Grand Jury Process Favors the Prosecution
If you are not concerned about being under investigation by a grand jury, you should be. Only the prosecutor presents evidence to a grand jury, and there is no requirement for the prosecutor to present evidence that tends to indicate there is no probable cause to believe the person under investigation committed the crime in question. Instead, the prosecutor presents only the evidence supporting the case that there is probable cause to believe a particular person committed the crime in question. This procedure is what led a New York state judge to state that a prosecutor could get a grand jury to indict a ham sandwich. That might be an exaggeration, but not by much. Grand juries work in secret, and it is a crime to reveal details about grand jury proceedings. This shroud of secrecy allows prosecutors a great deal of leeway in seeking an indictment, and the defense has no say in the matter. Most people whose cases go before a grand jury already have been arrested, and since only serious charges go to a grand jury, a defendant arrested for an offense that must go to the grand jury likely is aware that is what is taking place.
What Does a Grand Jury Do?
In Texas, a grand jury is required to investigate all offenses that require an indictment to determine whether probable cause exists to charge the person under investigation with that crime. Of course, the grand jury only hears the prosecution’s side of the story and usually issues an indictment. An indictment is simply a statement by the grand jury that there is probable cause to believe that a particular person has committed a particular offense. A person indicted by a grand jury will have to put up a defense at trial or plead guilty. A Texas grand jury consists of 12 jurors and four alternates, and the standards for qualifying for a grand jury in Texas are not demanding. Once empaneled, only nine of the 12 grand jurors need to vote in favor for an indictment to be issued.
If You are Facing Criminal Charges in Houston, Talk to Madrid Law Firm
Criminal homicide charges are all serious matters. But the differences among the levels of criminal homicide charges make it clear that you need to take steps to protect your future by ensuring that you are facing the lowest charges supportable, and then to ensure that you receive the best defense possible even against lower charges. You need a criminal defense lawyer with the experience to help you put together a defense and achieve the best outcome possible. If you are facing criminal homicide charges, talk to the Madrid Law Firm.
