Below, one of our Travis County criminal defense lawyers explains what an indictment is, and how these differ from criminal charges.
In the United States, anyone accused of a crime is considered innocent until proven guilty. Determining someone’s level of involvement in a criminal offense is a complicated process, however. Due to this, there are certain processes in place to ensure that everyone in the criminal justice system is treated fairly. The indictment process is one of these and individuals may have to go through it when they are accused of an offense that is very serious.
Understanding Indictments in Texas
Under Texas law, an indictment is a formal accusation of a crime that is determined by a grand jury when someone has allegedly committed a felony. A grand jury is composed of twelve people. Unlike in criminal trials, the jury does not have to unanimously agree to indict someone of a crime. Instead, only nine people must agree. The prosecution also does not have to convince the nine grand jurors beyond a reasonable doubt. Instead, there must only be a legitimate reason to believe that the accused committed the offense.
If the prosecution cannot convince at least nine grand jurors that an accused individual committed a crime, the defendant will not face any penalties and the process will end. However, the prosecution can start the process over again.
Indictments are Not Charges
While indictments and charges have similar purposes, the two do have different meanings and definitions. Charges and indictments are both formal accusations, but while charges apply mainly to misdemeanor offenses, indictments typically apply to felony offenses. Additionally, the prosecution usually files charges while grand juries hand down indictments. Both charges and indictments have serious penalties for those who are convicted, though. It is critical to speak to a Travis County criminal defense lawyer no matter the type of accusation you are facing.
What are Sealed Indictments?
Sealed indictments are those that are not revealed to the public for a certain period of time. This also applies to defendants, who may not even know that they are under investigation for a possible felony. Indictments are sealed for a number of reasons, including:
- To prevent the accused from fleeing in an effort to avoid arrest
- To prevent the accused from destroying evidence against them
- To prevent co-conspirators of the accused from learning that they may also be indicted
- To prevent co-conspirators of the accused from fleeing in an effort to avoid arrest
- To protect witnesses and informants from being discovered and potentially suffering harm
Our Criminal Defense Attorneys in Travis County Can Help After an Indictment
Being indicted is very serious, as are the potential penalties that follow. At Granger and Mueller, P.C., our Travis County criminal defense attorneys can prepare a strong case to defend against the charges and help you retain your freedom. Call us now at 512-474-9999 or fill out our online form to schedule a consultation and to learn more about how we can help.