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The essential function of the grand jury is to determine whether or not a person or persons should be formally accountable for the commission of a crime—a felony or a misdemeanor. The grand jury performs this function by determining if there is probable cause to believe a crime has been committed and probable cause to believe that a particular person or persons committed the crime. The grand jury performs its duty by then returning a true bill or no bill. If a true bill is returned the case goes to court and if a no bill is returned then, absent new additional facts, the case is over. The grand jury prevents the citizen from being publicly accused of a crime and from the trouble, expense, and anxiety of a public trial unless probable cause is established.
A second valuable function of the grand jury is its investigative power. In Texas the grand jury is limited in its investigation to criminal matters subject to indictment. The grand jury has the power to subpoena witnesses, even the defendant or suspect. However, the defendant may not be compelled to testify.
The breadth of grand jury authority and power makes it the most effective forum available to the government for the interrogation of witnesses and forceful fact-finding. Jurors are bound by oath to secrecy, and all work is conducted in complete seclusion. Lawyers, other than “the attorney representing the state”, are not permitted to appear before it in a representative capacity, unless with the consent and permission of the attorney representing the state, and the record of its proceedings, with few exceptions, is kept secret by law. It is a non-adversarial process and the rules of evidence do not apply.
Each grand jury meets for a 3-month term. One wishing to serve on a grand jury should contact Jack Thompson at 713-755-6575. He will also be able to inform you what courts are having the next grand juries. Anyone interested in reading about the creation and duties of the grand jury in Texas can refer to Articles 19 & 20 of the Texas Code of Criminal Procedure.
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