Persons accused of a felony in Texas have a right to be indicted by a grand jury. A grand jury is comprised of residents of the jurisdiction where the alleged criminal event occurred. Their sole purpose is to evaluate criminal accusations and decide whether there is enough evidence for the district to prosecute. Grand jury proceedings are, generally speaking, one sided, as the accused cannot be present. In addition, they are secret proceedings that limit who may be present. Article 20A.102 of the Texas Code of Criminal Procedure states,
(a) While the grand jury is conducting proceedings, only the following persons may be present in the grand jury room:
(1) a grand juror;
(2) a bailiff;
(3) the attorney representing the state;
(4) a witness:
(A) while the witness is being examined; or
(B) when the witness's presence is necessary to assist the attorney representing the state in examining another witness or presenting evidence to the grand jury;
(5) an interpreter, if necessary;
(6) a stenographer or a person operating an electronic recording device, as provided by Article 20A.201; and
(7) a person operating a video teleconferencing system for use under Article 20A.259.
(b) While the grand jury is deliberating, only a grand juror may be present in the grand jury room.
However, most counties allow the accused to present a grand jury packet. The packet is a written response to the State’s accusations. It can include the defendant’s rendition of the facts, witness statements, affidavits, and other proof that may show that there is no probable cause to indict the accused. This packet is presented to the grand jury during their secret and private proceedings, and it gives them a full picture of the circumstances surrounding the event in question.
The grand jury will deliberate and answer one question, whether to indict the accused. In legal terms, the grand jury will return either a “true bill” or “no bill”. True bill means there was sufficient evidence, and the accused will be indicted. No bill means the case is, for all intents and purposes, dismissed.
When a person is charged with a felony, it may be beneficial for them to seek legal counsel immediately. Waiting until indictment takes away the opportunity to have the case no billed through the process of submitting information in the form of a grand jury packet. It is important to act quickly and produce a grand jury packet for the jurors to review, and in some cases, the packet may be enough to have a case “no-billed” for lack of probable cause.
See the link to Title 1. Code of Criminal Procedure, Chapter 20A, Grand Jury Proceedings, Subchapter A, General Provisions.
https://statutes.capitol.texas.gov/Docs/CR/htm/CR.20A.htm#:~:text=DUTIES%20OF%20GRAND%20JURY.,(H.B.%204173)%2C%20Sec.