When someone faces felony charges in Texas or at the federal level, one of the earliest and most important steps in the process is a grand jury proceeding. Unlike a traditional trial, a grand jury doesn’t determine guilt or innocence. Rather, it decides whether there’s enough evidence to formally charge someone with a crime. In this type of investigatory phase of a case, a defense attorney is not allowed in the trial room, but they can still be a vital resource for their clients and help protect their rights if the grand jury trial does result in an indictment.
The purpose of a grand jury
A grand jury is a group of citizens, usually between 16 and 23 people, who are called to review evidence presented by the prosecution. Their job is to determine whether there is “probable cause” to believe that a crime was committed by the person(s) in question.
If the grand jury finds that there is enough evidence, it issues an indictment, which is a formal charge that allows the case to move forward to trial. If not, the grand jury may decline to indict, effectively ending the case at that stage.
What happens during a grand jury proceeding
Grand jury proceedings are very different from regular criminal trials for several reasons.
- They are not open to the public. These hearings are held in secret to protect the reputation of those under investigation and to encourage witnesses to speak freely.
- Only the prosecutor presents evidence. There’s no judge or defense attorney questioning witnesses during the proceeding.
- The standard of proof is lower. The grand jury is not deciding guilt “beyond a reasonable doubt,” only whether probable cause exists.
- Witnesses may be called. Prosecutors can call witnesses to testify and present documents or physical evidence for the grand jury’s consideration.
Because these hearings happen behind closed doors and without a defense attorney present in the room, it can feel like this part of the process is one-sided—and in many ways, it is.
Why having a defense attorney is valuable
Even though defense lawyers don’t appear before the grand jury during the proceeding itself, their role is still critical. A skilled criminal defense attorney can:
- Advise clients before testimony: This helps people understand their rights and avoid self-incrimination if they are formally indicted and called to testify in the case.
- Challenge the evidence: Defense attorneys will work to identify weaknesses in the prosecution’s case and prepare arguments for later stages of the process.
- Communicate with prosecutors: Early negotiations with the other side can sometimes help avoid indictment or secure lesser charges.
- Protect client rights every step of the way: This includes everything from the investigation through the trial, ensuring that each client’s constitutional protections are never overlooked.
Without experienced legal guidance, someone could unknowingly say or do something that harms their case long before it reaches trial.
The reality of the process
Grand juries were created as a safeguard to prevent people from being charged without evidence. In practice, they often favor the prosecution because defense lawyers have limited involvement. That’s why having a defense attorney from the beginning of an investigation is so important.
The attorneys at LaHood Norton Law Group are former prosecutors turned defense attorneys, giving them the knowledge of how to operate on both sides of the courtroom. For a free consultation, call 210-797-7700.
This article is sponsored by LaHood Norton Law Group. The content in this article is educational in nature and should not be considered official legal advice.
