How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Criminal Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

Can a person still be indicted on charges without a grand juries

Customer Question

Can a person still be indicted on charges without a grand juries indictment?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer. In Texas, yes. Less serious felonies and misdemeanors may be brought by an "Information", which is a legal charging document. If not indicted, a felony defendant can request a preliminary hearing to contest probable cause. Serious felonies are brought by grand jury indictment. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Customer: replied 1 year ago.

So a case can still show indicted on charges and go straight to a court. My husband was arrested on January 5th 2015. A month later he was still in jail and twice in front of a judge, the judge said she could not recommend a pr bond at that time because the state had nothing on the case. A little after a month, I was finally able to come up with the money to get him out of jail. Still at this time the state had nothing on the case. After his release from jail it was less than a month and all of a sudden there was an indictment on the case with a court date. I don't think he was indicted by a grand jury, because it seems like the grand jury wouldn't even have enough time to do so. His case has been a very wishy washy and weird case. Every lawyer we have spoken to says nothing makes sense.

Expert:  ScottyMacEsq replied 1 year ago.
It's possible, yes. An "information" is treated as an indictment. But that is also enough time for a grand jury indictment. Grand juries operate in secret, and are sitting for a long period of time, hearing cases as they come. This is plenty of time for a grand jury to return an indictment. The original answer still applies, in that a grand jury doesn't have to return one, but this is enough time for it to have happened.
Customer: replied 1 year ago.

Is there a way we can tell the difference if my husband's case was an indictment by grand jury or if it was just brought by information for an indictment?

Expert:  ScottyMacEsq replied 1 year ago.
It should be with the file. The clerk would probably have that information.
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 1 year ago.
Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)
Expert:  ScottyMacEsq replied 1 year ago.
Should I continue to await your response, or may I assist the other customers that are waiting?
Expert:  ScottyMacEsq replied 1 year ago.
My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. ▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Related Criminal Law Questions