Filing A Criminal Case In Texas
The process used to file a case depends on whether or not that case is a misdemeanor or a felony. If the case is a misdemeanor, the police agency files the case with the District Attorney's Office (DA). If the DA then decides to prosecute, they will create a document called an information which essentially informs the defendant of the state's intention to prosecute a given crime. After the information is created, the case file is randomly assigned to one of twelve misdemeanor courts.
Felonies are handled a bit differently. Like misdemeanors, they are filed by a police agency with the DA. The DA then creates the indictment document, which serves a purpose similar to the information in misdemeanor cases. The indictment tells the defendant that a grand jury is accusing the defendant of a crime.
After the file is finished, the case is reviewed by a grand jury, which is a group of citizens that determines whether or not there is sufficient evidence to believe that a crime has occurred (note that this is not a determination of guilt). A defendant in a felony case has the right to have his or her case indicted by a grand jury. Felony cases are randomly assigned to one of fifteen felony courts and it may take up to three weeks for a grand jury to begin hearing a case.
After the grand jury has heard a case, it issues a true bill of indictment or no bill. If a bill is issued, it means that the jury saw enough evidence to believe that a crime had occurred and the case then proceeds to the felony court to which it was assigned. If no bill is issued, the case does not go to court.
If you need help with your criminal case contact the Texas criminal lawyers at Grossman Law Offices.
Related articles:
Dallas felony cases
Dallas misdemeanor cases
Questions answered in this article:
Are misdemeanors handled differently than felonies?