When a person is accused of a felony offense, there may be the possibility of his defense attorney winning his felony case at the Grand Jury level. Depending on the facts and circumstances of the case, this may or may not be a viable option, so it is important to talk to an experienced criminal defense attorney. With this strategy, the accused in effect has two opportunities to win his case before a jury:
(1) Grand Jury and, if indicted,
(2) Jury Trial
If the Grand Jury votes that probable cause (i.e. a probability) does not exist to believe that the accused committed the offense, the case is no billed (dismissed). If the Grand Jury votes that probable cause does exist, then the case is true billed (indicted). If a case is indicted, then the accused may have to have a Jury Trial in order to get the best result. A Jury Trial is more expensive and involves much more time and legal work.
Because prosecutors in Harris county generally seek to present felony cases to the Grand Jury between the first and second court setting, it is extremely important to hire a defense attorney right away. Unless a defense attorney requests that the prosecutor hold the case from the Grand Jury in order to prepare a defense packet, the prosecutor will seek an indictment from the Grand Jury soon after the felony charge is filed.
NOTE: In surrounding counties, prosecutors usually present the case to a Grand Jury to secure an indictment before an arrest warrant is issued. Therefore, it is extremely important to hire a good defense attorney while the criminal case is under investigation.
Recently, a man was being investigated for sexual abuse against his teenage nephew. The man hired James Sullivan who immediately contacted the DA's office and asked that the case be held from the Grand Jury. Two months later, based upon the defense packet Sullivan prepared, the Grand Jury no billed the case. The prosecutor assigned to the case remarked that that was the first time a defense attorney intervened on one of her cases and got it no billed. The client was so grateful he posted this review on the AVVO website:
I cannot thank you enough for your help with my case. It was a very serious accusation against me. My teenage nephew falsely accused me of molesting him. You took our initial call on a weekend and assured us then that everything would turn out fine. You explained that it was very important for a good attorney to get involved before indictment because you believed a good defense attorney could get the case no billed by the grand jury. And, that's exactly what you did. You are very talented and professional at what you do. I cannot thank you enough for standing beside me, believing in me and and most importantly, your confidence. You are truly a super lawyer.~K.M.
Once an accused is indicted, this option is no longer available. Therefore, time is of the essence in retaining an experienced defense attorney.
Since 1994, Richmond Texas Criminal Lawyer James Sullivan has worked to get more than 100 felony cases no billed by the Grand Jury. These felony cases include, among others, Sexual Assault of a Child, Attempted Murder, Aggravated Robbery, Aggravated Sexual Assault of a Child, Aggravated Assault, Assault Family Member by Impeding Breathing (choking), Forgery, Evading Arrest by Motor Vehicle and Burglary of a Habitation.
Attorney James Sullivan is an experienced Fort Bend County Criminal Defense Attorney serving Greater Houston and Texas since 1994. James Sullivan is also Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Call James Sullivan and Associates 281-546-6428 to discuss your situation.
Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.